STANDARD CHARTERED BANK

STANDARD CHARTERED BANK

SCB was entitled to the costs of the consolidated actions but not to full costs because although SCB did not act improperly in advancing the misrepresentation cause, that cause materially increased preparation costs; a 15% reduction of SCB's recoverable costs is appropriate, resulting in SCB receiving 85% of the costs; no reduction was ordered for Requisition 7.

Citation
STANDARD CHARTERED BANK
Parties
Plaintiff in HCA2634 / Defendant in HCA2645: Goldenwick Limited; Defendant in HCA2634 / Plaintiff in HCA2645: Standard Chartered Bank (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2008
Case Number
HCA2645/2004
Procedural Posture
Consolidated Civil Actions Concerning Property Title and Misrepresentation; Costs Application / Costs Decision on Variation of Costs Order Nisi After Judgment on Liability
Outcome
Costs order nisi varied: Standard Chartered Bank to recover 85% of the costs of the two consolidated actions including reserved costs, taxed if not agreed
Legal Topics
Costs, Title to Property, Requisition Issues (missing Documents; Undivided Share; Common Parts/right of Way), Misrepresentation (inducement), Costs Taxation
Source Language
EN
Civil Procedure Property Law Contract Costs Law Costs Title to Property Requisition Issues (missing Documents; Undivided Share; Common Parts/right of Way) Misrepresentation (inducement) +1 more

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Parties

Goldenwick Limited

Plaintiff in HCA2634 / Defendant in HCA2645

Standard Chartered Bank (Hong Kong) Limited

Defendant in HCA2634 / Plaintiff in HCA2645

Procedural Posture

Consolidated Civil Actions Concerning Property Title and Misrepresentation; Costs Application / Costs Decision on Variation of Costs Order Nisi After Judgment on Liability

Legal Issues

  1. 1 Whether Goldenwick proved good title to the Property (Requisition 7 and Requisition 12)
  2. 2 Whether SCB proved misrepresentation and inducement to enter agreements
  3. 3 Whether SCB acted improperly or unnecessarily in raising the misrepresentation cause so as to forfeit costs

Ratio Decidendi

SCB was entitled to the costs of the consolidated actions but not to full costs because although SCB did not act improperly in advancing the misrepresentation cause, that cause materially increased preparation costs; a 15% reduction of SCB's recoverable costs is appropriate, resulting in SCB receiving 85% of the costs; no reduction was ordered for Requisition 7.

Court Disposition

Costs order nisi varied: Standard Chartered Bank to recover 85% of the costs of the two consolidated actions including reserved costs, taxed if not agreed

Orders

  • Order varied so that Standard Chartered Bank (Hong Kong) Limited shall have 85% of the costs of the two consolidated actions including all costs reserved, to be taxed if not agreed