GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. SUN YAT SEN UNIVERSITY AND OTHERS

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. SUN YAT SEN UNIVERSITY AND OTHERS

After assessing mixed successes and failures, the intertwined nature of the evidence, discounts for plaintiffs' misleading evidence and for defendants' poor preparation/late disclosure, and in light of earlier specific costs orders, the court exercised its discretion to vary the costs order nisi and ordered that, subject to prior costs orders, each party shall bear their own costs of the action.

Citation
GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. SUN YAT SEN UNIVERSITY AND OTHERS
Parties
1st Plaintiff: Guangzhou Green-Enhan Bio-Engineering Co. Ltd; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 2005
Case Number
HCA4651/2002
Procedural Posture
Civil (passing Off, Copyright, Trade Mark, Breach of Agreement, Malicious Falsehood) / Ruling on Costs Following Trial and Judgment (post Judgment)
Outcome
Costs order nisi varied: subject to costs orders already made, each party shall bear their own costs of the action; no order as to costs regarding the application to vary the costs order; certain interlocutory costs orders remain in force.
Legal Topics
Costs, Interlocutory Injunction, Passing Off, Copyright, Registered Trade Mark, Malicious Falsehood, Rectification of Register, Disclosure/late Production, Expert Evidence
Source Language
EN
Civil Intellectual Property Costs Contract Tort Interlocutory Injunction Passing Off Copyright +5 more

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Parties

Guangzhou Green-Enhan Bio-Engineering Co. Ltd

1st Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

Procedural Posture

Civil (passing Off, Copyright, Trade Mark, Breach of Agreement, Malicious Falsehood) / Ruling on Costs Following Trial and Judgment (post Judgment)

Legal Issues

  1. 1 Whether the original costs order nisi should be varied so that defendants obtain costs on indemnity basis or no order as to costs
  2. 2 Whether costs of interlocutory injunctions reserved should be awarded against plaintiffs despite ultimate success at trial
  3. 3 How to apportion costs where causes of action and evidence are intertwined

Ratio Decidendi

After assessing mixed successes and failures, the intertwined nature of the evidence, discounts for plaintiffs' misleading evidence and for defendants' poor preparation/late disclosure, and in light of earlier specific costs orders, the court exercised its discretion to vary the costs order nisi and ordered that, subject to prior costs orders, each party shall bear their own costs of the action.

Court Disposition

Costs order nisi varied: subject to costs orders already made, each party shall bear their own costs of the action; no order as to costs regarding the application to vary the costs order; certain interlocutory costs orders remain in force.

Orders

  • Subject to costs orders already made, each party shall bear his own costs in the action.
  • Previous costs order as to costs between the 3rd Defendant and the Plaintiffs is absolute and remains undisturbed.