Read the full judgment text of HCCT 60/2006 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 November 2014 before Hon G Lam J.
Costs — Construction and Arbitration Proceedings — Amendments to Statement of Claim — Expert Evidence — Expert Shopping — Allocation of Costs — Partial Success on Claims and Counterclaims. The Plaintiff, Wing Ming Garment Factory Limited, substantially succeeded on its claims regarding defects in common parts of Wing Ming Industrial Centre except for the basement smoke vent claim. The Defendant succeeded on parts of its counterclaim relating to monetary relief and injunctions for building alterations. The Plaintiff's late amendments and particularisation, as well as conduct in expert evidence, including expert shopping, were significant factors influencing costs allocation. The Court exercised broad discretion, awarding 60% of the action costs to the Plaintiff and 33% of the counterclaim costs to the Defendant, with indemnity costs awarded for expert evidence summons due to Plaintiff's conduct. No order was made for costs relating to the costs argument. Certificates were issued for two counsel for both parties.
Legal issues: Costs allocation on action and counterclaim
Outcome: Plaintiff awarded 60% of costs of the action; Defendant awarded 33% of costs of the counterclaim; expert evidence summons costs awarded on indemnity basis against Plaintiff; no order on costs for costs argument.
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