Pccw-hkt International Ltd. v. New World Telephone Ltd.
Read the full judgment text of CACV 150/2000 on BabelCite. This Court of Appeal judgment was delivered on 11 May 2001.
1. No specific ground of appeal was directed towards the question of the peremptory costs order made by the Judge. Even if it had been there was sufficient material before the Judge to exercise the discretion as he did. In particular was the fact that the application was mounted at such an early stage in the litigation. This was long before discovery.
Cites 1 case
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CACV000243B/2000 CACV 150/2000 & CACV 243/2000 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEALS NOS. 150 & 243 OF 2000 (ON APPEAL FROM HCCL 229 OF 1999) ________________
________________ Coram: Hon Mayo VP, Wong JA and Woo JA in Court Date of Hearing: 11 May 2001 Date of Judgment: 11 May 2001 ________________ J U D G M E N T ________________ Hon Mayo VP (giving the judgment of the Court): 1. No specific ground of appeal was directed towards the question of the peremptory costs order made by the Judge. Even if it had been there was sufficient material before the Judge to exercise the discretion as he did. In particular was the fact that the application was mounted at such an early stage in the litigation. This was long before discovery. 2. We see no merit in the submission that a consequence of the order made by us may lead to overcompensation of the plaintiff. The course of the litigation is uncertain and we are not in a position to make an order which might reflect this very uncertain eventuality. This being the case we do not see any justification in modifying the order nisi which we make. The summons is dismissed with costs to the plaintiff.
Representation: Mr Paul Shieh, instructed by Messrs Herbert Smith, for the plaintiff Mr Barrie Barlow, instructed by Messrs Denton Wilde Sapte, for the defendant |
Cases cited in this judgment
Further hearings and rulings under CACV 150/2000