Read the full judgment text of HCCT12/2008 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 July 2009 before Hon Burrell J.
Costs — Construction and Arbitration Proceedings — Claim and Counterclaim — Costs Apportionment — Order 62 rule 5 of the RHC — Costs Award — Interest on Costs. ARTLANE DESIGN CONSULTANTS LIMITED commenced proceedings against CHAN WEN MEE MAY involving construction disputes; the defendant made a counterclaim with new defects raised late. Mediation attempt was unsuccessful. The court considered several factors including the relative success on claims and counterclaims, conduct of parties, timing of payments and counterclaims, and the provisions of Order 62 rule 5 of the Rules of the High Court. The court preferred a straightforward costs order rather than multiple subdivided orders. The ruling awarded the defendant to pay 80% of the plaintiff’s costs, to be taxed if not agreed, with interest on the net amount from the date of the writ at prime plus 1%.
Legal issues: Costs order following claim and counterclaim
Outcome: The defendant shall pay 80% of the plaintiff’s costs to be taxed if not agreed, plus interest on the net sum due at prime plus 1% from the date of the writ.