Chan Pui Ki v. Leung on and Another

Read the full judgment text of CACV 263/1995 on BabelCite. This Court of Appeal judgment was delivered on 20 December 1996 before Litton, V.-P., Bokhary, Mortimer, Godfrey & Ching, JJ.A..

Civil law – appeal – costs – affirmation of trial judge's costs order – no order as to costs of appeal – Court of Appeal – CACV 263/1995 – plaintiff an infant suing by her mother and next friend – defendants/appellants Leung On and The Kowloon Motor Bus Co. (1933) Ltd. – whether the judge's order awarding costs to the plaintiff should be affirmed on appeal – held: yes, the judge's order awarding costs to the plaintiff is affirmed – whether any order should be made as to the costs of the appeal – held: no order as to the costs of the appeal – Court of Appeal (Litton V-P, Bokhary, Mortimer, Godfrey and Ching JJA) – appeal dismissed on costs point – costs of appeal not awarded to either side – counsel: Mr Martin Lee QC and Mr Ramesh Sujanani (M/s Deacons Graham & James) for the defendants/appellants; Mr John Scott QC and Mr Michael Winckless (M/s Wilkinson & Grist, assigned by D.L.A.) for the plaintiff/respondent.

Legal issues: Costs awarded to plaintiff at trial · Costs of the appeal

Outcome: Appeal dismissed insofar as it challenged the judge's costs order in the plaintiff's favour; no order as to the costs of the appeal.

Cited by 84 cases

Case No.CACV 263/1995[1996] 2 HKLR 401[1996] 2 HKC 565[1996] 2 HKC 54[1996] 2 HKC 657[1996] 2 HKLR 395
Court
Court of Appeal
Date20 Dec 1996
JudgeLitton, V.-P., Bokhary, Mortimer, Godfrey & Ching, JJ.A.
Case Document
100%Judiciary

IN THE COURT OF APPEAL

1995, No. 263
(Civil)

_______________

BETWEEN
CHAN PUI KI,
an infant suing by her mother and next friend CHU KAM HING
Plaintiff
(Respondent)
AND
LEUNG ON 1st Defendant
(1st Appellant)
THE KOWLOON MOTOR BUS CO.(1933) LTD. 2nd Defendant
(2nd Appellant)

_______________

Coram: Hon. Litton, V.-P., Bokhary, Mortimer, Godfrey & Ching, JJ.A.

Date of hearing: 20 December 1996

Date of order: 20 December 1996

__________

O R D E R

__________

Litton, V-P :

We thank counsel for their submissions. Our decision is as follows:

(1) The judge's order awarding costs to the plaintiff is affirmed.
(2) There will be no order as to the costs of the appeal.

(Henry Litton) (K. Bokhary) (Barry Mortimer)
Vice President Justice of Appeal Justice of Appeal

(G.M. Godfrey) (Charles Ching)
Justice of Appeal Justice of Appeal

Representation:

Mr Martin Lee QC & Mr Ramesh Sujanani (M/s Deacons Graham & James) for the Defendants/Appellants

Mr John Scott QC & Mr Michael Winckless (M/s. Wilkinson & Grist) assigned by D.L.A. for the Plaintiff/Respondent