ESQUIRE (ELECTRONICS) LTD v. THE HONGKONG AND SHANGHAI BANIING CORPORATION LTD AND ANOTHER

ESQUIRE (ELECTRONICS) LTD v. THE HONGKONG AND SHANGHAI BANIING CORPORATION LTD AND ANOTHER

The court ordered the Bank to pay the costs of the trial on liability immediately, assessed at 90% in favour of the plaintiff and on an indemnity basis, because the liability judgment strongly condemned the Bank's conduct and the case presented exceptional features justifying indemnity costs.

Citation
ESQUIRE (ELECTRONICS) LTD v. THE HONGKONG AND SHANGHAI BANIING CORPORATION LTD AND ANOTHER
Parties
Plaintiff: Esquire (Electronics) Limited; Plaintiff: Magic Score Limited; 1st Defendant: The Hongkong and Shanghai Banking Corporation Limited; 2nd Defendant: Wayfoong Property Limited (formerly HS Property Management Limited)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2005
Case Number
HCA11077/1994
Procedural Posture
Civil Liability Trial With Subsequent Costs Determination / Costs Judgment Following Trial on Liability
Outcome
Immediate order: The Hongkong and Shanghai Banking Corporation Limited ordered to pay the plaintiffs' costs of the liability trial at 90% on an indemnity basis; costs of remedy to be dealt with according to outcome.
Legal Topics
Costs of Litigation, Indemnity Costs, Split Trial, Liability, Recusal
Source Language
EN
Civil Procedure Costs Equity Banking Law Costs of Litigation Indemnity Costs Split Trial Liability +1 more

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Parties

Esquire (Electronics) Limited

Plaintiff

Magic Score Limited

Plaintiff

The Hongkong and Shanghai Banking Corporation Limited

1st Defendant

Wayfoong Property Limited (formerly HS Property Management Limited)

2nd Defendant

Procedural Posture

Civil Liability Trial With Subsequent Costs Determination / Costs Judgment Following Trial on Liability

Legal Issues

  1. 1 Whether an immediate order for costs of the liability trial should be made
  2. 2 Whether the defendant should be ordered to pay a percentage of the costs and what that percentage should be
  3. 3 Whether costs should be assessed on ordinary basis or on an indemnity basis given alleged exceptional conduct

Ratio Decidendi

The court ordered the Bank to pay the costs of the trial on liability immediately, assessed at 90% in favour of the plaintiff and on an indemnity basis, because the liability judgment strongly condemned the Bank's conduct and the case presented exceptional features justifying indemnity costs.

Court Disposition

Immediate order: The Hongkong and Shanghai Banking Corporation Limited ordered to pay the plaintiffs' costs of the liability trial at 90% on an indemnity basis; costs of remedy to be dealt with according to outcome.

Orders

  • Immediate order that the 1st Defendant, The Hongkong and Shanghai Banking Corporation Limited, pay the costs of the trial on liability
  • Plaintiffs awarded 90% of the costs of the trial on liability