Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undertaking by non‑party
  • 27 Oct 2021

    L v. M AND ANOTHER

    Citation
    [2021] HKCFI 3206
    Court
    Court of First Instance
    Case number
    HCCT6/2021

    The court varied the costs order nisi and held that because the stay applied both to claims against the 2nd Defendant under the arbitration agreement and to claims against the 1st Defendant (who had no arbitration clause) and because the 1st Defendant's undertaking was produced late (which materially affected the litigation conduct), it was unjust to award the 2nd Defendant full indemnity costs; instead the 2nd Defendant was entitled to 50% of the costs of and incidental to the Summons, certificate for Counsel, on party and party basis, with the balance in the cause; costs of the variation ap…