17 Oct 2006
FAR EAST STRUCTURAL STEELWORK ENGINEERING LTD (In Liquidation) v. BANK OF CHINA (HONG KONG) LTD
- Citation
- FAR EAST STRUCTURAL STEELWORK ENGINEERING LTD (In Liquidation) v. BANK OF CHINA (HONG KONG) LTD
- Court
- Court of Appeal
- Case number
- CACV348/2004
The court refused to vary the costs order nisi because the bank, not the company, had raised the security issue that increased litigation; the bank ultimately failed to prove the monies were proceeds of sale, so the general rule that costs follow the event applies and the successful party (the company) is entitled to costs here and below; the Elgindata third principle did not apply.