6 Dec 2023
LO KAI SHUI v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
- Citation
- [2023] HKCA 1328
- Court
- Court of Appeal
- Case number
- CACV329/2021
The Court of Appeal has jurisdiction to vary costs orders below as part of an appeal when leave encompassed the substantive order and costs; where the appellate court overturns the underlying substantive orders (here the striking out orders), the trial judge's indemnity costs order incidental to those orders cannot stand and should be varied to no order as to costs in respect of the Order 15 rule 14 application; Lu was entitled to variation and costs of the variation application against the Trustee only.