IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 103 OF 2014
D E C I S I O N
1. Madam Lau by her summons dated 28 August 2014 applies to set aside my costs order nisi made in my decision dated 15 August 2014 (“the Decision”) whereby she is ordered to pay Wing Hang Bank Ltd (“the Bank”) the costs of this action to be taxed if not agreed upon my dismissal of her action against the Bank. Her present applicationis supported by her affirmation affirmed on 29 August 2014.
2. I shall refer to the Decision for the background facts which will not be repeated here. Suffice it for the present purpose to saythat I acceded to the striking out application of the Bank and accordingly I ordered that Madam Lau’s action be dismissed withcosts to the Bank.
3. I have perused the supporting affirmation of Madam Lau. There, basically Madam Lau disagrees with all my conclusions in the Decision.In doing so, Madam Lau also seeks to adduce new evidence.
4. In this application, this court should review the appropriateness of the costs order nisi on the basis that the Bank’s application was rightly determined. In any event, this court is not convinced by any of the mattersstated in Madam Lau’s affirmation that this court has erred in the Decision.
5. Madam Lau puts forth no other ground why she should not pay the Bank its costs of the action including the hearing of the Bank’sapplication and all such reserved costs if any.
6. That being the case, costs should follow the event and I see no reason to depart from this general principle. I thus order thatthe application of Madam Lau be dismissed and the costs order nisi be made absolute.
7. As regards the costs of this application, Mr Tsang, counsel for the Bank, asks for costs to be borne by Madam Lau on an indemnitybasis.
8. An indemnity costs order is not to be made lightly and there has to be special or unusual features. In the particular circumstancesof this matter, though I agree that Madam Lau’s application is plainly unmeritorious, I am not convinced that an indemnity costsorder is justified. The Bank can only have its costs to be taxed on the usual basis.
The plaintiff appeared in person
Mr Alvin Tsang, instructed by Siao, Wen and Leung, for the defendant