14 Jan 2019
ATLANTIC LINK LTD v. THE INCORPORATED OWNERS OF YEN YING BUILDING AND OTHERS
- Citation
- [2019] HKDC 1744
- Court
- District Court
- Case number
- DCCJ1306/2018
Although the Appeal was allowed and the Defendants were successful, the court declined to vary the costs order nisi to award indemnity costs of the Appeal. The court found it was reasonable for the Defendants to pursue the Appeal; the plaintiff's resistance was not justified but, on balance of all circumstances including prior orders penalising the Defendants (denial of recovery of costs and indemnity for wasted report), there was no sufficient basis to order indemnity costs for the Appeal. The plaintiff's application to vary the costs order nisi was dismissed and the plaintiff was ordered to…