HANWHA TOTAL PETROCHEMICAL CO LTD AND ANOTHER v. CHANGHONG GROUP (HK) LTD

HCAJ 6/2018

[2026] HKCFI 1493

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ADMIRALTY ACTION NO 6 OF 2018

____________

_____________

D E C I S I O N

_____________

1.  I accept that, in line with the established authorities such as The Spyros [1953] 1 Lloyd’s Rep 501 and The MCC Jakarta (unreported, HCAJ 48/2011, 158/2012 and 59/2013, 30th November 2017) the starting point is that the Plaintiffs are entitled to 30% of the costs of determining liability, including the costs of the 2nd CMC summons filed on 26th January 2024, against D, in line with the apportionment of liability adopted in the present action by order of 24th April 2024.

2.  The Plaintiffs ask for 100% of their costs from 19th January 2024 onwards on the basis that the apportionment of liability had been agreed by 18th April 2024.  However, (1) the order adopting the 70:30 apportionment was made on 24th April 2024; and (2) it was only on 22nd April 2024 that the Plaintiffs made their proposal regarding costs, and thereafter there was some negotiation between the parties as to what they should do about costs – it was only in the Plaintiffs’ solicitors’ email of 12th June 2024 that a revised offer was put forward.

3.  In the circumstances, I would order that the Defendant is to pay the 1st and 2nd Plaintiffs’ costs of determining liability, including the costs of the 2nd CMC Summons of 26th January 2024 and the Summons of 30th December 2025, (“the Costs”), as follows:

3.1     the Defendant pays 30% of the Costs incurred in the period up to and including 12th June 2024, forthwith upon summary assessment;

3.2     the Defendant pays 100% of the Costs incurred thereafter, forthwith upon summary assessment.