9 Nov 2010
PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS
- Citation
- PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV212/2008
The court held that the Taiwan conviction and judgment are inadmissible and irrelevant for the purpose of taxation of costs under the authority of Hollington v Hewthorn as applied in Hong Kong; OBrien did not displace that principle in the circumstances; waiver/estoppel arguments failed; the Court of Appeal costs orders were plain and entitled the 4th defendant to the costs; the Plaintiff's amendment application was both substantively unfounded and unacceptably delayed and therefore the applications to amend were dismissed and costs were awarded to the 4th defendant.