THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON) (ALSO KNOWN AS KASIKORNBANK PUBLIC LIMITED COMPANY) (Appellant in FACV 16/2009 and Respondent in FACV 9/2010) v AKAI HOLDINGS LIMITED (IN LIQUIDATION) (Respondent in FACV 16/2009 and Appellant in FACV 9/2010)

Read the full judgment text of FACV 16 of 2009 and FACV 9 of 2010 on BabelCite. This Court of Final Appeal judgment was delivered on 21 January 2011 before Chief Justice Ma, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Lord Neuberger of Abbotsbury NPJ.

Costs – appeal – alternative arguments – unnecessary ground – Order 62 rule 7(1) – successful party entitled to full costs unless unreasonable to run both grounds – Bank appealed liability; Akai cross-appealed on quantum – Court of Appeal decided on knowing receipt – both appeals dismissed – costs dispute: whether Bank should pay 100% or 70% of Akai's costs of Bank's appeal – Akai succeeded on want of authority and knowing receipt – Bank argued knowing receipt argument inflated costs – held: not unreasonable to run both grounds – taxation to allocate any extra costs of cross-appeal – Bank to pay 100% of Akai's costs of Bank's appeal – Akai to pay 100% of Bank's costs of cross-appeal – Bank to pay costs of written argument on costs

Legal issues: Costs where successful party relied on alternative arguments

Outcome: Bank ordered to pay 100% of Akai's costs of the Bank's appeal; Akai ordered to pay 100% of the Bank's costs of Akai's cross-appeal; Bank to pay costs of written argument on costs.

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