XCELOM LTD AND ANOTHER v. BGI-HONGKONG CO LTD AND ANOTHER

XCELOM LTD AND ANOTHER v. BGI-HONGKONG CO LTD AND ANOTHER

The judge found plaintiffs guilty of inordinate delay and that they had not established irreparable harm, meaning the interlocutory application was unjustified and wasted the defendants' and the court's resources; applying modern authorities and CJR objectives the court ordered immediate taxation and payment of defendants' costs (certificate for two counsel) and dismissed the plaintiffs' summons, holding the Order Nisi should stand as varied to effect immediate payment.

Citation
XCELOM LTD AND ANOTHER v. BGI-HONGKONG CO LTD AND ANOTHER
Parties
Applicants: Plaintiffs; Respondents: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2016
Case Number
HCA3089/2015
Procedural Posture
Interlocutory Injunction / Variation of Costs Order on Summons After Dismissal of Injunction Application
Outcome
Plaintiffs' summons dismissed; immediate taxation and payment of defendants' costs ordered; Order Nisi varied to effect immediate payment with certificate for two counsel
Legal Topics
Costs Orders, Order Nisi, Immediate Taxation and Payment, Delay and Irreparable Harm, American Cyanamid Principles
Source Language
EN
Civil Procedure Costs Interlocutory Injunction Intellectual Property Costs Orders Order Nisi Immediate Taxation and Payment Delay and Irreparable Harm +1 more

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Parties

Plaintiffs

Applicants

Defendants

Respondents

Procedural Posture

Interlocutory Injunction / Variation of Costs Order on Summons After Dismissal of Injunction Application

Legal Issues

  1. 1 Whether the Order Nisi on costs should be varied to provide for immediate taxation and payment by the plaintiffs
  2. 2 Whether the plaintiffs' inordinate delay and failure to show irreparable harm justify an immediate adverse costs order
  3. 3 Application of authorities on when interlocutory costs should be made immediate or be costs in the cause

Ratio Decidendi

The judge found plaintiffs guilty of inordinate delay and that they had not established irreparable harm, meaning the interlocutory application was unjustified and wasted the defendants' and the court's resources; applying modern authorities and CJR objectives the court ordered immediate taxation and payment of defendants' costs (certificate for two counsel) and dismissed the plaintiffs' summons, holding the Order Nisi should stand as varied to effect immediate payment.

Court Disposition

Plaintiffs' summons dismissed; immediate taxation and payment of defendants' costs ordered; Order Nisi varied to effect immediate payment with certificate for two counsel

Orders

  • The plaintiffs\' summons issued on 6 October 2016 is dismissed with costs to the defendants, to be taxed and paid forthwith, with certificate for two counsel.
  • The Order Nisi is varied such that the defendants\' costs with a certificate for two counsel shall be paid by the plaintiffs forthwith to be taxed if not agreed.