23 Apr 2013
ETRATECH ASIA PACIFIC LTD (formerly AUDIO MECHANICAL CORPORATION LTD) v. LEADER PRINTED CIRCUIT BOARDS LTD
- Citation
- ETRATECH ASIA PACIFIC LTD (formerly AUDIO MECHANICAL CORPORATION LTD) v. LEADER PRINTED CIRCUIT BOARDS LTD
- Court
- Court of First Instance
- Case number
- HCA112/2009
The court held that Order 22 r 20(1) creates a prima facie entitlement to costs for a plaintiff who accepts a sanctioned payment; the defendant bears the burden to prove exceptional circumstances and must have given prior warning to invoke the Otherwise Proviso; the defendant failed to discharge that burden and the plaintiff is entitled to costs, to be taxed on the High Court scale given the complexity and nature of the case.