QUORUM ASSOCIATES LLC v. DANDAN ZHANG

HCA1911/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.1911 OF 2002

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DECISION

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1. The defendant is asking for leave to appeal against my costs order.  This application is dismissed with costs to be paid to the plaintiff. 

2. In the plaintiff’s original application for leave to discontinue, the issue was whether it should be on standard costs or indemnity costs.  The Master ordered indemnity costs, and upon appeal to me in chambers, I ordered standard costs.  The main reason was that I concluded there was neither mala fides nor oppression.

3. The plaintiff’s claim was mainly for confidential information.  A defence was filed, but at the end of the day the plaintiff got back the confidential information even without proceeding to trial.  I cannot see that the plaintiff could be charged with mala fides or oppression.  Hence, I awarded standard costs.  I also dismissed the application for leave to appeal against my exercise of discretion of costs on the basis of there is no realistic prospect of success.