29 Aug 2022
深圳正高金屬製品有限公司 v. IU HO CONSTRUCTION ENGINEERING CO LTD
- Citation
- [2022] HKCFI 2685
- Court
- Court of First Instance
- Case number
- HCCT33/2019
Leave to discontinue was granted and the defendant ordered to pay the plaintiff's costs because the plaintiff satisfied the threshold 'good reason' and further demonstrated exceptional circumstances justifying departure from the general rule: the defendant had effectively abandoned participation, the joint liability expert supported the plaintiff such that plaintiff would likely succeed at trial, and any judgment would likely be unenforceable (an empty judgment), making discontinuance with an award of costs to the plaintiff fair and just; consequently the $600,000 security for costs paid into…