AKAI HOLDINGS LTD v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON) (ALSO KNOWN AS KASIKORNBANK PUBLIC LTD CO)

AKAI HOLDINGS LTD v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON) (ALSO KNOWN AS KASIKORNBANK PUBLIC LTD CO)

Where a successful party advances and succeeds on two alternative grounds it is not entitled to be deprived of costs for either ground absent unreasonableness; the knowing receipt argument was reasonably run and supported both the appeal outcome and aspects of the cross-appeal, so the Bank must pay 100% of Akai's...

Source-derived case information.

Citation
AKAI HOLDINGS LTD v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON) (ALSO KNOWN AS KASIKORNBANK PUBLIC LTD CO)
Parties
Appellant in FACV 16 of 2009; Respondent in FACV 9 of 2010: Thanakharn Kasikorn Thai Chamkat (Mahachon) (also known as Kasikornbank Public Limited Company); Respondent in FACV 16 of 2009; Appellant in FACV 9 of 2010: Akai Holdings Limited (in Liquidation)
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
21 January 2011
Case Number
FACV9/2010
Procedural Posture
Final Appeal (civil) / Judgment on Costs Following Dismissal of Appeal and Cross Appeal and Written Submissions on Costs
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 the written argument on costs.
Legal Topics
Costs, Knowing Receipt, Authority, Taxation of Costs, Apportionment
Source Language
en
Civil Procedure Equity Appeals Trusts and Restitution Costs Knowing Receipt Authority Taxation of Costs +1 more

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Summary, issues, holding and outcome

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Parties

Thanakharn Kasikorn Thai Chamkat (Mahachon) (also known as Kasikornbank Public Limited Company)

Appellant in FACV 16 of 2009; Respondent in FACV 9 of 2010

Akai Holdings Limited (in Liquidation)

Respondent in FACV 16 of 2009; Appellant in FACV 9 of 2010

Procedural Posture

Final Appeal (civil) / Judgment on Costs Following Dismissal of Appeal and Cross Appeal and Written Submissions on Costs

Legal Issues

  1. 1 Whether the Bank should pay 100% of Akai's costs of the Bank's unsuccessful appeal
  2. 2 Whether costs attributable to the knowing receipt argument should be disallowed or apportioned because that argument was unnecessary or primarily for the cross-appeal
  3. 3 Whether it was unreasonable for Akai to run alternative grounds and thus disentitle it to full costs

Ratio Decidendi

Where a successful party advances and succeeds on two alternative grounds it is not entitled to be deprived of costs for either ground absent unreasonableness; the knowing receipt argument was reasonably run and supported both the appeal outcome and aspects of the cross-appeal, so the Bank must pay 100% of Akai's costs of the Bank's appeal and Akai must pay 100% of the Bank's costs of Akai's unsuccessful cross-appeal, with detailed apportionment, if any, to be resolved on taxation.

Court Disposition

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 the written argument on costs.

Orders

  • The Bank (Thanakharn Kasikorn Thai Chamkat (Mahachon) (Kasikornbank PLC)) shall pay 100% of Akai Holdings Limited's costs of the Bank's appeal (FACV 16 of 2009) to be taxed if not agreed.
  • Akai Holdings Limited (in liquidation) shall pay 100% of the Bank's costs of Akai's cross-appeal (FACV 9 of 2010) to be taxed if not agreed.