楊佩玲 v. SUPER BEST INVESTMENT LTD

楊佩玲 v. SUPER BEST INVESTMENT LTD

The court varied the Costs Order Nisi and ordered that 80% of the costs of and occasioned by the Summons on or after 2 February 2023 be paid to the Defendant, to be assessed summarily on an indemnity basis (certificate for one counsel), because the Defendant had met the applicable threshold on the stay/ arbitration issue and Plaintiff ought to have appreciated the merits from Au/Aff1 served 1 February 2023; Defendant to bear costs up to 1 February 2023 and Defendant to bear Plaintiff's costs for perusal of Au/Aff1; a 20% discount was applied to reflect set‑off and the perusal order.

Citation
[2023] HKCFI 2998
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 November 2023
Case Number
HCA1465/2022
Procedural Posture
Civil Costs Application / Decision on Costs
Outcome
Costs Order Nisi varied in part: 80% of costs on or after 2 February 2023 awarded to Defendant on indemnity basis; Defendant bears costs up to 1 February 2023; Defendant to bear Plaintiff's perusal costs for Au/Aff1; summary assessment directions given.
Legal Topics
Default Judgment, Stay in Favour of Arbitration, Summary Assessment, Indemnity Costs, Variation of Costs Order
Source Language
EN
Arbitration Civil Procedure Costs Default Judgment Stay in Favour of Arbitration Summary Assessment Indemnity Costs Variation of Costs Order

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Costs Application / Decision on Costs

Legal Issues

  1. 1 Whether to vary the Costs Order Nisi
  2. 2 Allocation of costs before and after 1 February 2023
  3. 3 Whether costs after the relevant date should be on an indemnity basis

Ratio Decidendi

The court varied the Costs Order Nisi and ordered that 80% of the costs of and occasioned by the Summons on or after 2 February 2023 be paid to the Defendant, to be assessed summarily on an indemnity basis (certificate for one counsel), because the Defendant had met the applicable threshold on the stay/ arbitration issue and Plaintiff ought to have appreciated the merits from Au/Aff1 served 1 February 2023; Defendant to bear costs up to 1 February 2023 and Defendant to bear Plaintiff's costs for perusal of Au/Aff1; a 20% discount was applied to reflect set‑off and the perusal order.

Court Disposition

Costs Order Nisi varied in part: 80% of costs on or after 2 February 2023 awarded to Defendant on indemnity basis; Defendant bears costs up to 1 February 2023; Defendant to bear Plaintiff's perusal costs for Au/Aff1; summary assessment directions given.

Orders

  • 80% of the costs of and occasioned by the Summons on or after 2 February 2023 are to be paid to the Defendant, to be assessed summarily on an indemnity basis with certificate for one counsel
  • Defendant to bear the costs of and occasioned by the Summons up to 1 February 2023