20 Sept 2023
RE GUY KWOK HUNG LAM
- Citation
- [2023] HKCA 1099
- Court
- Court of Appeal
- Case number
- CACV393/2021
The Court declined to adopt a general presumption that breach of an exclusive jurisdiction clause attracts indemnity costs; costs remain discretionary and absent egregious misconduct the ordinary party-and-party basis applies. The Court of Appeal has inherent jurisdiction on appeal to determine the incidence of Official Receiver’s and trustees’ fees; such fees should be paid in the first instance out of the bankrupt’s estate and the petitioner (Tor) must reimburse the appellant (Lam) for amounts so paid subject to deductions for any misconduct by Lam and resolution of disputes as to quantum b…