Read the full judgment text of CACV 31/2011 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 11 August 2011 before Hon Kwan JA.
Costs — Security for Costs — Foreign Arbitration Award — Discretion — Whether to reduce costs awarded where applicant failed on several issues — Certificate for two counsel — Whether variation of costs order appropriate. The respondent applied for security for costs in a civil appeal involving foreign arbitration awards. The Court refused security and ordered the respondent to pay costs with a certificate for two counsel. The respondent’s subsequent application to vary the costs orders to reduce costs by half and remove the certificate was refused. The court held the issues the applicant lost did not significantly increase costs and the discretion issue relating to foreign awards justified the costs and two counsel. The respondent’s application for no order as to costs or reduced costs was dismissed. Ultimately, respondent was ordered to pay applicant’s costs of both the application for security and the variation application. Certificate for two counsel was granted for the security for costs application only.
Legal issues: Proportionate costs order on failed application · Whether to grant a certificate for two counsel · Variation of order nisi on costs
Outcome: Respondent ordered to pay applicant's costs of the security for costs application and variation application; certificate for two counsel granted for the former only.
Cited by 2 cases