HANWHA TOTAL PETROCHEMICAL CO LTD AND ANOTHER v. CHANGHONG GROUP (HK) LTD

HANWHA TOTAL PETROCHEMICAL CO LTD AND ANOTHER v. CHANGHONG GROUP (HK) LTD

Because the apportionment of liability was only adopted by order on 24 April 2024 and negotiations about costs continued until a revised offer on 12 June 2024, the court applied the starting principle of 30% entitlement for the plaintiffs up to and including 12 June 2024 and awarded 100% thereafter; accordingly the...

Source-derived case information.

Citation
[2026] HKCFI 1493
Parties
1st Plaintiff: HANWHA TOTAL PETROCHEMICAL CO., LTD.; 2nd Plaintiff: HANWHA GENERAL INSURANCE CO., LTD; 1st Defendant: CHANGHONG GROUP (HK) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 2026
Case Number
HCAJ6/2018
Procedural Posture
Admiralty Action / Costs Determination (summary Assessment)
Outcome
Defendant ordered to pay the 1st and 2nd Plaintiffs' costs of determining liability as apportioned: 30% up to and including 12 June 2024 and 100% thereafter, both payable forthwith on summary assessment.
Legal Topics
Costs Allocation, Apportionment of Liability, Summary Assessment
Source Language
en
Admiralty Civil Procedure Costs Costs Allocation Apportionment of Liability Summary Assessment

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Parties

HANWHA TOTAL PETROCHEMICAL CO., LTD.

1st Plaintiff

HANWHA GENERAL INSURANCE CO., LTD

2nd Plaintiff

CHANGHONG GROUP (HK) LIMITED

1st Defendant

Procedural Posture

Admiralty Action / Costs Determination (summary Assessment)

Legal Issues

  1. 1 Whether the Defendant must pay the Plaintiffs' costs of determining liability
  2. 2 Whether Plaintiffs are entitled to 100% of costs from 19 January 2024
  3. 3 Effect of the timing of the order adopting a 70:30 apportionment and of negotiations on retrospective costs awards

Ratio Decidendi

Because the apportionment of liability was only adopted by order on 24 April 2024 and negotiations about costs continued until a revised offer on 12 June 2024, the court applied the starting principle of 30% entitlement for the plaintiffs up to and including 12 June 2024 and awarded 100% thereafter; accordingly the Defendant must pay 30% of costs up to and including 12 June 2024 and 100% thereafter, payable forthwith on summary assessment.

Court Disposition

Defendant ordered to pay the 1st and 2nd Plaintiffs' costs of determining liability as apportioned: 30% up to and including 12 June 2024 and 100% thereafter, both payable forthwith on summary assessment.

Orders

  • Defendant to pay 30% of the Plaintiffs' costs incurred in the period up to and including 12 June 2024, forthwith upon summary assessment.
  • Defendant to pay 100% of the Plaintiffs' costs incurred after 12 June 2024, forthwith upon summary assessment.