COMPANY A AND OTHERS v. COMPANY D AND OTHERS

COMPANY A AND OTHERS v. COMPANY D AND OTHERS

Because the plaintiffs engaged in material non-disclosure and the interlocutory applications were unwarranted, the court ordered that the plaintiffs must pay the costs of all three defendants on an indemnity basis and that those costs be paid forthwith.

Citation
[2019] HKCFI 941
Parties
Plaintiff: Plaintiffs; 3rd Defendant: Company F; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 April 2019
Case Number
HCCT31/2018
Procedural Posture
Civil Injunction and Costs / Decision on Costs Following Variation Summonses (interlocutory)
Outcome
Plaintiffs ordered to pay defendants' costs on an indemnity basis and to pay those costs forthwith.
Legal Topics
Variation Summons, Non Disclosure, Indemnity Costs, Immediate Payment of Costs
Source Language
EN
Civil Procedure Costs Injunctions Disclosure Variation Summons Non Disclosure Indemnity Costs Immediate Payment of Costs

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Parties

Plaintiffs

Plaintiff

Company F

3rd Defendant

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Civil Injunction and Costs / Decision on Costs Following Variation Summonses (interlocutory)

Legal Issues

  1. 1 Whether the plaintiffs should bear the defendants' costs
  2. 2 Whether costs should be assessed on an indemnity basis
  3. 3 Whether payment of costs should be ordered forthwith

Ratio Decidendi

Because the plaintiffs engaged in material non-disclosure and the interlocutory applications were unwarranted, the court ordered that the plaintiffs must pay the costs of all three defendants on an indemnity basis and that those costs be paid forthwith.

Court Disposition

Plaintiffs ordered to pay defendants' costs on an indemnity basis and to pay those costs forthwith.

Orders

  • Plaintiffs to pay the costs of the 1st Defendant on an indemnity basis, payable forthwith.
  • Plaintiffs to pay the costs of the 2nd Defendant on an indemnity basis, payable forthwith.