8 Jun 2011
CHEVALIER (CONSTRUCTION) CO LTD v. TAK CHEONG ENGINEERING DEVELOPMENT LTD
- Citation
- CHEVALIER (CONSTRUCTION) CO LTD v. TAK CHEONG ENGINEERING DEVELOPMENT LTD
- Court
- Court of First Instance
- Case number
- HCA153/2008
Although the Plaintiff obtained judgment, the court found the Plaintiff had wrongfully terminated the contract and had exaggerated parts of its claim; the Defendant unreasonably rejected the March 2010 offer. Balancing these factors under Order 62 Rule 5, the court awarded the Plaintiff a proportion of its costs: 50% of costs up to 26 March 2010 and 80% thereafter (excluding expert evidence), all to be taxed on District Court scale, disallowed costs for the Plaintiff's expert, awarded costs for the 9 May 2011 hearing to the Plaintiff, and directed assessor's remuneration be paid from sums pai…
- Termination/repudiation
- Costs assessment and proportionality
- Settlement offers (calderbank/sanctioned offers)
- Expert evidence costs
- Alternative dispute resolution (mediation, adjudication)