28 Aug 2025
PEKING UNIVERSITY RESOURCES (HOLDINGS) COMPANY LTD v. PEKING UNIVERSITY RESOURCES GROUP CO., LTD AND OTHERS
- Citation
- [2025] HKCFI 3799
- Court
- Court of First Instance
- Case number
- HCA1470/2022
Material non-disclosure by the plaintiff in the ex parte application was inexcusable and egregious; although the plaintiff's case was weak and amendments and late evidence were undesirable, the conduct did not justify indemnity costs; on balance the proper sanction was to vary the costs order nisi and make it absolute awarding costs to the 1st, 2nd and 4th Defendants on a common fund basis (appeal costs taxed on common fund basis with certificate for two counsel), and costs of the present application to be on a common fund basis (certificate for one counsel).