AKAI HOLDINGS LTD (IN LIQUIDATION) v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON)

AKAI HOLDINGS LTD (IN LIQUIDATION) v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON)

The court partially allowed the variation: it disallowed the successful defendant's costs attributable to the one day of evidence by Mr Pakorn and ordered the defendant to pay the plaintiff's costs of the discrete Thai law issue (including expert evidence and two court days) because that issue was wholly unnecessary and caused significant cost and time; otherwise costs of the action and counterclaim remain to the defendant. The court rejected a broader filleting of costs absent clear discrete unnecessary issues.

Citation
AKAI HOLDINGS LTD (IN LIQUIDATION) v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON)
Parties
Plaintiff/applicant: Akai Holdings Limited (in liquidation); Defendant/respondent: Thanakharn Kasikorn Thai Chamkat (Mahachon) also known as Kasikornbank Public Limited Company
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 July 2008
Case Number
HCCL59/2004
Procedural Posture
Commercial Action / Application to Vary Costs Order Nisi After Judgment
Outcome
Application to vary costs order nisi partially granted
Legal Topics
Variation of Order Nisi, Costs Following the Event, Allocation of Costs by Issue, Expert Evidence on Foreign Law, Choice of Law, Wasted Costs, Fiduciary Duty, Actual Authority, Change of Position, Election
Source Language
EN
Commercial Law Civil Procedure Conflict of Laws Evidence Law Costs Law Variation of Order Nisi Costs Following the Event Allocation of Costs by Issue +7 more

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Parties

Akai Holdings Limited (in liquidation)

Plaintiff/applicant

Thanakharn Kasikorn Thai Chamkat (Mahachon) also known as Kasikornbank Public Limited Company

Defendant/respondent

Procedural Posture

Commercial Action / Application to Vary Costs Order Nisi After Judgment

Legal Issues

  1. 1 Whether the order nisi as to costs should be varied after judgment dismissing plaintiff's claim
  2. 2 Whether discrete issues improperly or unnecessarily raised can attract a costs order against the successful party
  3. 3 Whether the defendant should be deprived of costs or ordered to pay costs in respect of the Thai law issue

Ratio Decidendi

The court partially allowed the variation: it disallowed the successful defendant's costs attributable to the one day of evidence by Mr Pakorn and ordered the defendant to pay the plaintiff's costs of the discrete Thai law issue (including expert evidence and two court days) because that issue was wholly unnecessary and caused significant cost and time; otherwise costs of the action and counterclaim remain to the defendant. The court rejected a broader filleting of costs absent clear discrete unnecessary issues.

Court Disposition

Application to vary costs order nisi partially granted

Orders

  • No order as to the costs of and incidental to the calling of Mr Pakorn Partanapat on 5 March 2008
  • The costs of and incidental to the issue of Thai law and the calling of expert evidence (including 2 court days) are to be paid by the defendant to the plaintiff, such costs to be taxed if not agreed