23 Feb 2021
CHINA INTERNATIONAL FUND LTD v. WEST CHINA CEMENT LTD AND ANOTHER
- Citation
- [2021] HKCFI 391
- Court
- Court of First Instance
- Case number
- HCA1889/2019
The amendments to the Statement of Claim materially changed the pleaded case relevant to the forum application; defendants were entitled to assume the original Statement of Claim until formally amended; on balance the Costs Order Nisi should be varied: there is no order as to costs incurred or arising on or before 22 September 2020, and defendants must pay the costs of the forum summons incurred after 22 September 2020 to the plaintiff, to be taxed if not agreed; additionally the court grants a certificate for two counsel because the defendants' application to vary the Costs Order Nisi preven…