BEST FIELD INC v. TRIANGULAR FORCE CONSTRUCTION ENGINEERING LTD

BEST FIELD INC v. TRIANGULAR FORCE CONSTRUCTION ENGINEERING LTD

Having weighed factors including defendant's non-response to correspondence, the potential reuse of affidavits in arbitration, and that this was not a classic case to refuse a stay, the court granted the stay and, exercising its costs discretion, ordered the plaintiff to pay two-thirds of the defendant's costs on a...

Source-derived case information.

Citation
[2022] HKCFI 2017
Parties
Plaintiff: Best Field Inc; Defendant: Triangular Force Construction Engineering Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 May 2022
Case Number
HCA913/2021
Procedural Posture
Application to Stay Proceedings / Decision on Costs After Stay Granted
Outcome
Stay granted; plaintiff ordered to pay two-thirds of the defendant's costs on a party and party basis, taxed on a gross sum; costs assessed at HK$280,000 payable within 21 days.
Legal Topics
Stay of Proceedings, Costs Assessment, Party and Party Costs, Taxation
Source Language
en
Civil Procedure Arbitration Costs Stay of Proceedings Costs Assessment Party and Party Costs Taxation

Source-derived case record

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Parties

Best Field Inc

Plaintiff

Triangular Force Construction Engineering Limited

Defendant

Procedural Posture

Application to Stay Proceedings / Decision on Costs After Stay Granted

Legal Issues

  1. 1 Whether the costs of the stay application should be awarded to the defendant
  2. 2 Whether the plaintiff's conduct (non-response and initiating proceedings) justified different costs orders
  3. 3 Appropriate basis and quantum of costs (party and party; taxed on gross sum)

Ratio Decidendi

Having weighed factors including defendant's non-response to correspondence, the potential reuse of affidavits in arbitration, and that this was not a classic case to refuse a stay, the court granted the stay and, exercising its costs discretion, ordered the plaintiff to pay two-thirds of the defendant's costs on a party and party basis to be taxed on a gross sum, assessed at HK$280,000 payable within 21 days.

Court Disposition

Stay granted; plaintiff ordered to pay two-thirds of the defendant's costs on a party and party basis, taxed on a gross sum; costs assessed at HK$280,000 payable within 21 days.

Orders

  • Plaintiff to pay HK$280,000 being two-thirds of the defendant's costs on a party and party basis, to be taxed on a gross sum, within 21 days.