13 Apr 2017
FD v. SHEK KWOK NGAI
- Citation
- FD v. SHEK KWOK NGAI
- Court
- District Court
- Case number
- DCCJ4600/2016
Special circumstances under s.73B(3)(b) are not confined to litigation conduct; the court must assess pre‑ and post‑proceedings conduct and the nature of the underlying wrongdoing. The respondents' oppressive conduct (sexual assault, forced resignation, refusal to permit settlement, tactical protection of criminal trial) amounted to special circumstances and justified an award of costs against them on an indemnity basis with a certificate for counsel.