FASTWAY (H.K.) INVESTMENT LTD v. WING BO MOTOR CO

FASTWAY (H.K.) INVESTMENT LTD v. WING BO MOTOR CO

The court granted leave to re-amend but exercised its costs discretion: because the Defendant's application caused the adjournment and wasted costs the costs of and occasioned by the application and the adjournment were awarded to the Plaintiff to be paid forthwith; specific time-period apportionments were ordered for the remainder of the day and all costs were to be taxed with a certificate for counsel where appropriate, the Defendant's own costs to be taxed in accordance with Legal Aid Regulations.

Citation
FASTWAY (H.K.) INVESTMENT LTD v. WING BO MOTOR CO
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 December 2011
Case Number
DCCJ3507/2008
Procedural Posture
Civil Application to Re Amend Defence and Counterclaim / Trial (first Day) Interlocutory Application and Costs Hearing
Outcome
Leave to re-amend defence and counterclaim granted; costs ordered in favour of Plaintiff for application and wasted costs with specific time-based apportionments and taxation directions
Legal Topics
Amendment of Pleadings, Leave to Re Amend Defence and Counterclaim, Wasted Costs, Adjournment, Taxation of Costs, Legal Aid Regulations
Source Language
EN
Civil Procedure Costs Amendment of Pleadings Leave to Re Amend Defence and Counterclaim Wasted Costs Adjournment Taxation of Costs Legal Aid Regulations

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Application to Re Amend Defence and Counterclaim / Trial (first Day) Interlocutory Application and Costs Hearing

Legal Issues

  1. 1 Whether leave to re-amend defence and counterclaim should attract immediate costs against the applicant
  2. 2 Apportionment of costs for different parts of the hearing day
  3. 3 Whether Plaintiff is entitled to immediate payment of wasted costs or must wait until trial conclusion

Ratio Decidendi

The court granted leave to re-amend but exercised its costs discretion: because the Defendant's application caused the adjournment and wasted costs the costs of and occasioned by the application and the adjournment were awarded to the Plaintiff to be paid forthwith; specific time-period apportionments were ordered for the remainder of the day and all costs were to be taxed with a certificate for counsel where appropriate, the Defendant's own costs to be taxed in accordance with Legal Aid Regulations.

Court Disposition

Leave to re-amend defence and counterclaim granted; costs ordered in favour of Plaintiff for application and wasted costs with specific time-based apportionments and taxation directions

Orders

  • Leave granted to the Defendant to re-amend the defence and counterclaim (order made 6.12.2011)
  • Costs of and occasioned by the application for re-amendment of the defence and counterclaim and the costs thrown away by the adjournment to be to the Plaintiff, to be paid forthwith