HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER

HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER

The Broker's application to vary the costs order was dismissed because the judgment contained express adverse findings against the Broker making it an unsuccessful defendant; the court applied the usual rule that costs follow the event and made a costs order nisi, ordering summary assessment and procedural timelines...

Source-derived case information.

Citation
HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER
Parties
Insured: HUA TYAN DEVELOPMENT LIMITED; Insurer: ZURICH INSURANCE COMPANY LIMITED; Broker: COURTESY INSURANCE CONSULTANTS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 2012
Case Number
HCA480/2009
Procedural Posture
Civil Insurance Dispute / Decision on Costs (post Judgment)
Outcome
Broker's application to vary the costs order dismissed; costs order nisi made; summary assessment of costs ordered.
Legal Topics
Costs Order Nisi, Variation of Costs Order, Summary Assessment of Costs, Construction of Documents, Witness Credibility
Source Language
en
Civil Procedure Insurance Law Costs Costs Order Nisi Variation of Costs Order Summary Assessment of Costs Construction of Documents Witness Credibility

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Parties

HUA TYAN DEVELOPMENT LIMITED

Insured

ZURICH INSURANCE COMPANY LIMITED

Insurer

COURTESY INSURANCE CONSULTANTS LIMITED

Broker

Procedural Posture

Civil Insurance Dispute / Decision on Costs (post Judgment)

Legal Issues

  1. 1 Whether the Broker was a successful defendant for costs purposes
  2. 2 Whether the costs of the Insured should be borne by the Insurer alone
  3. 3 Whether the Broker's costs of the main proceedings should be paid by the Insurer

Ratio Decidendi

The Broker's application to vary the costs order was dismissed because the judgment contained express adverse findings against the Broker making it an unsuccessful defendant; the court applied the usual rule that costs follow the event and made a costs order nisi, ordering summary assessment and procedural timelines for lodging costs statements.

Court Disposition

Broker's application to vary the costs order dismissed; costs order nisi made; summary assessment of costs ordered.

Orders

  • Application by Broker to vary costs order dismissed
  • Costs follow the event: costs of the action to be paid by the defendants (Insurer and Broker) to the Insured to be taxed if not agreed