Read the full judgment text of HCA 1599/2010 on BabelCite. This Court of First Instance judgment was delivered on 4 March 2011 before Lam J.
Civil law – costs – interlocutory proceedings – variation of costs order nisi – application to expressly include all reserved costs in the costs order – application for certificate for two counsel – application for costs to be taxed and payable forthwith – factors in Kickers International SA v Paul Kettle Agencies Ltd and Naf Naf SA v Dickens (London) Ltd – severability and self-containment of costs from the rest of the action – effect on cash flow of the parties – amount at stake on taxation – Civil Justice Reform – Order 62 Rule 5(1)(aa) and Order 1A rule 1 – interlocutory injunction application dismissed with finding of no good prospect of success – Plaintiffs' claims require substantial revamping (pleadings amended and new evidence filed) before being viable for trial – involvement of leading counsel at two hearings and on the costs argument – costs of injunction held severable and self-contained – Plaintiffs more resourceful than Defendant – prejudice to Defendant if kept out of his money – lack of progress in prosecution of action – variations (a) and (b) granted as not opposed – variation (c) granted – Plaintiffs to pay Defendant's costs of the summons taxed and payable forthwith – further directions for submissions on options for assessment: immediate taxation, summary assessment under Order 62 Rule 9A(a), or provisional summary assessment under Order 62 Rule 9A(b).
Legal issues: Variation of costs order to include reserved costs and certificate for two counsel · Whether costs should be taxed and payable forthwith
Outcome: Variations (a) and (b) to the costs order nisi granted; variation (c) granted with costs ordered to be taxed and payable forthwith; further directions given for written submissions on the form of assessment.
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