Jacky Darsono

Introduction In Re Long Faith Engineering Ltd [2024] HKCFI 3712, the Court of First Instance of the High Court confirmed that when it grants a non-party costs order such an order supplements an earlier costs order against a party in the same proceedings and does not substitute or vary it. Therefore, a costs order against a party in the same proceedings does not exhaust the court's power to order costs against a non-party.

Introduction In Meidi Investment Holding Ltd v BSC Capital Ltd & Ors [2024] HKCFI 2207, the Court of First Instance of the High Court dismissed the second defendant's application for a declaration that the Hong Kong courts lacked jurisdiction to hear the plaintiff's claim (based on allegations of fraud) because of an exclusive jurisdiction clause in the underlying contract between the parties which provided for disputes to be determined in the Bahamas.

Introduction In Re Cachet Asset Management Ltd [2024] HKCA 712, the Hong Kong Court of Appeal had to construe the "liberty to apply" provision in an order that it had made in May 2024 – in particular, whether such provision allowed the court to vary an order adjourning the petitioners' bankruptcy petition against the debtor pending an appeal in related proceedings provided that the debtor pay HK$12,900,000 into court or give satisfactory security for that amount.