INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

The court ordered costs in the cause and held that the Defendants were not entitled to recover costs of leading counsel because they failed to show the hearing was of such importance or complexity to justify leaders and did not indicate their intention to instruct leaders in advance; if the Defendants succeed at the ensuing enquiry they may recover costs of the cause but limited to taxation for representation by junior counsel only.

Citation
INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS
Parties
1st Plaintiff: INDIAN CORRIDOR SDN BHD; 2nd Plaintiff: PEMBANGUNAN QUALICARE SDN BHD; 1st Defendant: CHINA IDEA DEVELOPMENT LIMITED; 2nd Defendant: YANFULL INVESTMENTS LIMITED; 3rd Defendant: GOLDEN PLUS HOLDINGS BHD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 November 2008
Case Number
HCA1/2008
Procedural Posture
Civil Action Directions Summons / Ruling on Costs Following Directions Hearing
Outcome
Order made for costs in the cause; costs of leading counsel disallowed; if Defendants succeed in the enquiry they may recover costs limited to taxation for junior counsel; costs to include preparation of written submissions.
Legal Topics
Directions Hearings, Costs for Senior/leading Counsel, Justification for Senior Counsel, Taxation of Costs, Anti Suit Injunction Relevance
Source Language
EN
Civil Procedure Costs Evidence Injunctions Directions Hearings Costs for Senior/leading Counsel Justification for Senior Counsel Taxation of Costs +1 more

Case Brief

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Parties

INDIAN CORRIDOR SDN BHD

1st Plaintiff

PEMBANGUNAN QUALICARE SDN BHD

2nd Plaintiff

CHINA IDEA DEVELOPMENT LIMITED

1st Defendant

YANFULL INVESTMENTS LIMITED

2nd Defendant

GOLDEN PLUS HOLDINGS BHD

3rd Defendant

Procedural Posture

Civil Action Directions Summons / Ruling on Costs Following Directions Hearing

Legal Issues

  1. 1 Whether order for costs should include costs of instructing leading counsel
  2. 2 Whether instruction of leading counsel was justified by complexity/importance of the hearing
  3. 3 Whether costs should be awarded immediately or in the cause and limited to junior counsel taxation

Ratio Decidendi

The court ordered costs in the cause and held that the Defendants were not entitled to recover costs of leading counsel because they failed to show the hearing was of such importance or complexity to justify leaders and did not indicate their intention to instruct leaders in advance; if the Defendants succeed at the ensuing enquiry they may recover costs of the cause but limited to taxation for representation by junior counsel only.

Court Disposition

Order made for costs in the cause; costs of leading counsel disallowed; if Defendants succeed in the enquiry they may recover costs limited to taxation for junior counsel; costs to include preparation of written submissions.

Orders

  • Costs in the cause
  • Defendants disallowed recovery of costs for leading counsel