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 – Court of Final Appeal – substantive appeals – applications for leave to appeal – Court of Appeal costs – costs follow the event – substantial success – variation of costs order – Penny's Bay Investment Co Ltd v Director of Lands – FACV 1/2017 and FACV 2-9/2017 – PBIC's appeal dismissed – Director's appeal allowed – usual rule that costs follow the event applied – no basis for departure – costs of leave applications absorbed in overall costs – Director substantially successful overall – PBIC ordered to pay 50% of Director's costs in the Court of Appeal – ancillary matters included – costs order nisi made absolute.
Legal issues: Costs of substantive appeals to the CFA · Costs of applications for leave to appeal to the CFA · Costs before the Court of Appeal
Outcome: PBIC's appeal dismissed; Director's appeal allowed; costs order nisi made absolute; PBIC ordered to pay 50% of Director's costs in the Court of Appeal.
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