Read the full judgment text of HCCT 11/2006 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 23 May 2007 before Deputy High Court Judge Gill.
Costs — Construction and Arbitration Proceedings — Subcontract dispute involving public works — Wo Kee counterclaimed for outstanding contract payment and expenses; Tapbo defended with set-off claims and later conceded some amounts — Court initially made costs order giving Tapbo three quarters of costs on basis majority issues resolved in its favour — Upon submissions citing Re Elgindata (No. 2) and Hong Kong Court of Appeal decision Thomas Vincent v South China Morning Post Publishers Limited, court reconsidered costs approach — Held costs should reflect discrete claims and apportioned success rather than simple costs follow event rule — Wo Kee not found to have acted improperly; Tapbo’s late concessions considered in apportioning costs — Costs order varied to award Wo Kee one quarter of costs and Tapbo one quarter, netted off — Wo Kee awarded costs of this hearing. The decision emphasizes fairness and precision in costs orders where multiple claims with mixed outcomes exist, discouraging litigants from prolonged disputes over all claims. Outcome: Costs order nisi varied accordingly.
Legal issues: Approach to costs in case of partial success on multiple claims
Outcome: Costs order varied to apportion costs between parties reflecting partial successes; Wo Kee awarded one quarter of its costs and Tapbo one quarter, to be netted off; Wo Kee awarded costs of this hearing.
Cited by 2 cases