8 Mar 2023
NEW INTERTRADE FOODS CO LTD v. SUN FUNG TIMBER COMPANY LTD AND ANOTHER
- Citation
- [2023] HKCFI 1093
- Court
- Court of First Instance
- Case number
- HCMP363/2020
The 2nd defendant acted unreasonably and with extreme dilatoriness (notably a nine month delay and neutral stance after repeated extensions) which caused unnecessary length and expense to the intervention application; therefore the court exercised its discretion under section 738 to order Tsang to pay the plaintiff's costs personally on an indemnity basis, and ordered the Company to indemnify the plaintiff out of its assets for costs of intervening in the HCCT proceedings.