Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Withdrawal of party

Legal area

Court

31 May 2011

WAAN CHUEN MING v. LUEN HING FAT COATING AND FINISHING FACTORY LTD

Citation

WAAN CHUEN MING v. LUEN HING FAT COATING AND FINISHING FACTORY LTD
Court

Court of First Instance
Case number

HCPI591/2003

Once Dah Sing was allowed to withdraw from the action, previously made orders that declared costs to be 'costs in the cause' do not create ongoing liability against Dah Sing; those costs become payable by the parties remaining in the action and are recoverable from the losing party or parties at the final trial, not from the withdrawing insurer.
31 May 2011

WAAN CHUEN MING v. LO KIN NAM t/a KAR KIN ENGINEERING & SUPPLIER CO. AND OTHERS

Citation

WAAN CHUEN MING v. LO KIN NAM t/a KAR KIN ENGINEERING & SUPPLIER CO. AND OTHERS
Court

Court of First Instance
Case number

HCPI588/2003

Where a party (here Dah Sing) is permitted to withdraw from proceedings before costs in the cause crystallise at trial, the earlier orders for costs in the cause do not render the withdrawing party liable for those costs; such costs become payable by the remaining parties and ultimately by the losing party or parties at trial; accordingly the Plaintiff cannot recover those costs from Dah Sing and must seek them from the losing party or parties.