30 Oct 2003
BANK OF CHINA (HONG KONG) LTD v. NEW NONGKAI GLOBAL INVESTMENTS LTD
- Citation
- BANK OF CHINA (HONG KONG) LTD v. NEW NONGKAI GLOBAL INVESTMENTS LTD
- Court
- Court of First Instance
- Case number
- HCA2062/2003
The NNG Receivers were not guilty of misconduct or neglect in bringing and pursuing the Application given the urgency, novelty and reliance on senior counsel; indemnity costs and personal liability were therefore inappropriate. Costs of the Application are payable by the NNG Receivers to the SHL Receivers but to be paid out of NNG assets with a certificate for two counsel. The Court lacks jurisdiction to order NNG to pay costs of an unrelated HCMP proceeding in which they were not a party, and it is wrong to order a paying party to pay the receiving party's own retained legal costs; according…