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Hong Kong costs ordersindemnity costsderivative claims shareholder

Waddington Ltd v Chan Chun Hoo Thomas (costs)

[2009] HKCA 100
JurisdictionHong Kong
CourtHK Court of Appeal
Year2009
StatusBinding authority

Summary

In a derivative action, costs against unsuccessful company defendants may be awarded on an indemnity basis, and a Sanderson order may be appropriate.

Key Principle

costs; indemnity basis; derivative action; costs against unsuccessful company defendants; Sanderson order

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2022) 276 CLR 553

High Court of Australia held there is no power to make a common fund order in favour of litigation funders at the interlocutory stage of a class action.

UBS AG v Tyne (2018) 265 CLR 77

Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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