Read the full judgment text of CACV 97/2014 on BabelCite. This Court of Appeal judgment was delivered on 8 January 2016.
1. I have read the judgment of Kwan JA in draft and I agree with it. In addition, I wish to highlight the unsatisfactory position regarding the latter part of Order 62 Rule 5(1)(d) which, in my view, unduly fetters the court’s discretion on costs. A similar provision in the English rules had been removed a long time age, see Choy Bing Wing v Hong Kong Shanghai Hotels (No 2) [1998] 4 HKC 555 and Wealthy Plus v Lai Man Hon [2001] 4 HKC 691. In my view, the regime in Order 22 should be permissive r
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