HIND INTERNATIONAL INVESTMENT LTD v. K & L GATES (a firm of solicitors)

HIND INTERNATIONAL INVESTMENT LTD v. K & L GATES (a firm of solicitors)

The court exercised its discretion on costs and, having found the Hind Parties acted reasonably and obtained most of the Class A discovery while KLG had not acted so unreasonably as to warrant depriving the Hind Parties of costs, varied the Order Nisi so that KLG pays 90% of the Hind Parties' costs of the 1st SD Summons (including the costs variation hearing); all other orders remain final.

Citation
HIND INTERNATIONAL INVESTMENT LTD v. K & L GATES (a firm of solicitors)
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Hind International Investment Limited; Defendant (original Action); Plaintiff (counterclaim): K & L Gates (a firm of solicitors); 2nd Defendant (counterclaim): Manoj Kumar Jhunjhnuwala; 3rd Defendant (counterclaim): Shalini Jhunjhnuwala; 4th Defendant (counterclaim): Anil Kumar Jhunjhnuwala
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2014
Case Number
HCA1325/2011
Procedural Posture
Interlocutory Application for Specific Discovery and Consequent Costs Variation / Ruling on Variation of Costs Following Order Nisi in Respect of 1st Specific Discovery Summons
Outcome
Order Nisi varied: K & L Gates ordered to pay 90% of Hind Parties' costs of the 1st Specific Discovery Summons including the variation hearing; all other orders in the Order Nisi remain unchanged and are made final.
Legal Topics
Specific Discovery, Variation of Costs, Order 62 RHC, Proportionality in Disclosure, Relevance of Documents, Privilege and Fraud Exception
Source Language
EN
Civil Procedure Costs Disclosure/discovery Legal Professional Privilege Solicitor Client Relationship Interlocutory Relief Specific Discovery Variation of Costs +4 more

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Parties

Hind International Investment Limited

Plaintiff (original Action); 1st Defendant (counterclaim)

K & L Gates (a firm of solicitors)

Defendant (original Action); Plaintiff (counterclaim)

Manoj Kumar Jhunjhnuwala

2nd Defendant (counterclaim)

Shalini Jhunjhnuwala

3rd Defendant (counterclaim)

Anil Kumar Jhunjhnuwala

4th Defendant (counterclaim)

Procedural Posture

Interlocutory Application for Specific Discovery and Consequent Costs Variation / Ruling on Variation of Costs Following Order Nisi in Respect of 1st Specific Discovery Summons

Legal Issues

  1. 1 Whether the Order Nisi as to costs of the 1st SD Summons should be varied
  2. 2 Whether the successful party should receive full costs where only part of the discovery sought was obtained
  3. 3 Relevance and proportionality of large volume Class B documents

Ratio Decidendi

The court exercised its discretion on costs and, having found the Hind Parties acted reasonably and obtained most of the Class A discovery while KLG had not acted so unreasonably as to warrant depriving the Hind Parties of costs, varied the Order Nisi so that KLG pays 90% of the Hind Parties' costs of the 1st SD Summons (including the costs variation hearing); all other orders remain final.

Court Disposition

Order Nisi varied: K & L Gates ordered to pay 90% of Hind Parties' costs of the 1st Specific Discovery Summons including the variation hearing; all other orders in the Order Nisi remain unchanged and are made final.

Orders

  • Order Nisi varied so that K & L Gates shall pay 90% of the Hind Parties' costs of the 1st Specific Discovery Summons including the variation of costs hearing.
  • All other orders contained in the Order Nisi shall remain unchanged and are made final.