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Hong Kong Case Law

Joinder for non-party costs
  • 25 May 2012

    FBC CONSTRUCTION CO LTD v. BEN LEE

    Citation
    FBC CONSTRUCTION CO LTD v. BEN LEE
    Court
    Court of First Instance
    Case number
    HCA1364/2008

    Given the parties' reciprocal reprehensible conduct in HCA1957/2005 the court exercised its discretion under Order 62 r5(2) to vary the costs order nisi to no order as to costs between the parties; indemnity costs were awarded against BIC in HCA714/2007 but refused in HCA886/2007; the application to fix Mr Lee personally was refused for failure to join and on substance because there had been no investigation or hearing; the set-off application was refused because HCA1364/2008 is unrelated; WYC was ordered to pay Mr Lee party-and-party taxed costs in HCA1364/2008 in accordance with the parties…