13 Oct 2001
INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE v. JIKAN DEVELOPMENT LTD. AND ANOTHER
- Citation
- INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE v. JIKAN DEVELOPMENT LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA14915/1998
The court held that the Code of Practice and the owners' internal resolution do not fetter the court's discretion under s.52A of the High Court Ordinance to award costs; therefore costs actually incurred and allowed on taxation may be awarded notwithstanding the corporation's internal limit. The court set aside the previous order nisi for indemnity because the 2nd Defendant conducted a materially different defence from the 1st Defendant and it would be unfair to make the 1st Defendant bear the 2nd Defendant's share of the Plaintiff's costs; accordingly each defendant must individually pay the…