16 Jul 2024
GAIN GLOBAL CORPORATION LTD v. FONGS (a firm)
- Citation
- [2024] HKCFI 1769
- Court
- Court of First Instance
- Case number
- HCA2964/2017
The defendant's Calderbank offer was a genuine and reasonable settlement; the Exclusionary Rule did not apply because a sanctioned offer under Order 22 was not sensible given defendant's position; the plaintiff rejected the Offer, went to trial, wholly lost and did not do better than the Offer; accordingly, costs after 31 May 2021 are to be awarded on an indemnity basis and the Costs Order Nisi is varied accordingly.