Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Several liability
  • 18 Jul 2011

    LI KAI YIN v. ATTA-TRANS LTD AND ANOTHER

    Citation
    LI KAI YIN v. ATTA-TRANS LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI196/2009

    Order 22 rule 18 does not empower the court, as a matter of course, to order costs against a defendant who has not been adjudged liable and against whom the plaintiff discontinues proceedings; absent compelling reasons the normal rule that costs follow the event applies. The Master did not err in ordering that the plaintiff bear the 2nd defendant's costs on discontinuance, but erred in ordering that the plaintiff share the 1st defendant's later costs; that order was set aside and the 2nd defendant ordered to bear the 1st defendant's relevant costs.