Penny's Bay Investment Company Limited (Applicant (Appellant) in FACV 1/2017, Applicant (Respondent) in FACV 2-9/2017) v Director of Lands (Respondent (Respondent) in FACV 1/2017, Respondent (Appellant) in FACV 2-9/2017)

Read the full judgment text of FACV 1/2017 and FACV 2-9/2017 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.

Costs – Costs follow the event – Appeals – Leave to appeal – Court of Final Appeal – Court of Appeal – Ancillary costs – Substantial success – Compensation – Marine rights – The Court of Final Appeal dismissed PBIC's appeal and allowed the Director's appeal in a dispute over compensation for extinguishment of marine rights – PBIC's claim reduced from approximately HK$340 million to about HK$9.4 million – Costs – Whether to depart from usual rule – No – Cost order nisi made absolute – PBIC to pay Director's costs of leave applications – PBIC to pay 50% of Director's costs in Court of Appeal – PBIC to pay costs of written submissions on costs – Orders accordingly.

Legal issues: Costs of appeals and applications following substantive success

Outcome: Costs orders made: PBIC to pay Director's costs of both appeals (order nisi made absolute); PBIC to pay Director's costs of applications for leave to appeal; PBIC to pay 50% of Director's costs in the Court of Appeal (including ancillary matters); PBIC to pay costs of written submissions on costs.

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