Read the full judgment text of CACV 291/2011 on BabelCite. This Court of Appeal judgment was delivered on 31 January 2013 before Yuen JA, Kwan JA, Lam JA.
Costs – indemnity basis – open offer – appeal – civil procedure – MGA Entertainment Inc v Toys & Trends (Hong Kong) Ltd & Ors – plaintiffs made open offer to defendant on 12 October 2009 – defendant ought reasonably to have accepted – trial judge varied costs order to indemnity basis for post-offer costs – defendant appealed – plaintiffs cross-appealed on quantum – Court of Appeal dismissed appeal and allowed cross-appeal – order nisi for costs on party-and-party basis – plaintiffs applied to vary to indemnity basis – same reasoning as MGA Entertainment applied – if open offer accepted, no trial and no appeal – application allowed – costs of appeal and Respondents' Notice to be taxed on indemnity basis.
Legal issues: Indemnity costs for appeal
Outcome: Plaintiffs' application allowed; order nisi varied to indemnity basis for costs of appeal and Respondents' Notice.
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