29 May 2019
WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS
- Citation
- [2019] HKCA 604
- Court
- Court of Appeal
- Case number
- CACV466/2018
The court held that (a) the jurisdiction to grant indemnities to a minority shareholder plaintiff and to supervise their operation falls within the court's wide costs jurisdiction under s52A(1) and Order 62 and involves judicial discretion informed by the indemnity principle; (b) such indemnities permit court scrutiny of the plaintiff's costs; and (c) the normal and appropriate basis for taxation of costs under a court-granted indemnity in a derivative action is the indemnity basis (Order 62 Rule 28(4A)), not the common fund basis, absent special circumstances. The Court therefore substituted…