Read the full judgment text of FACV 1/2017 on BabelCite. This Court of Final Appeal judgment was delivered on 27 December 2017 before Ribeiro PJ, Tang PJ, Fok PJ, Bokhary NPJ, Lord Neuberger of Abbotsbury NPJ.
Civil procedure – costs – costs follow the event – appeals to the Court of Final Appeal – Penny's Bay Investment Co Ltd v Director of Lands – Lands Tribunal awarded HK$9.4 million compensation – Court of Appeal allowed appeal enabling claim of HK$340 million – Director's appeal to CFA allowed, PBIC's appeal dismissed – costs order nisi that PBIC pay Director's costs of both appeals – written submissions on costs – court held no basis to depart from usual rule – PBIC ordered to pay costs of substantive appeals and leave applications – also ordered to pay 50% of Director's costs in the Court of Appeal and ancillary matters – costs of written submissions on costs also awarded to Director.
Legal issues: Costs of appeals and leave applications
Outcome: PBIC ordered to pay the Director's costs of both substantive appeals (including leave applications) and 50% of the Director's costs in the Court of Appeal, including ancillary matters.
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