Read the full judgment text of HCCT 97/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 December 2008 before Hon Burrell J in Chambers.
Construction and Arbitration Proceedings — Costs — Exercise of discretion on costs — Plaintiff’s claim reduced during trial from approximately $9 million to $5 million — Defendant argued claim was exaggerated and sought costs adjustment — Court considered no money paid into court, no discrete issue abandonment justifying costs reduction, no unreasonableness in plaintiff’s rejection of defendant’s offer — Costs follow the event principle maintained — Costs order nisi made absolute in favour of plaintiff — The plaintiff had to proceed to court to obtain recovery, justifying costs award.
Legal issues: Exercise of discretion on costs order
Outcome: Costs order nisi made absolute in favour of plaintiff