Case Document

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CACV 338/2018 & CACV 431/2018
(Heard Together)

[2019] HKCA 541

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 338 OF 2018

(ON APPEAL FROM HCCT NO. 54 OF 2017)

________________________

	IN THE MATTER of the Arbitration Ordinance (Cap. 609)
	and
	IN THE MATTER of Arbitrations

________________________

BETWEEN

	CHUN WO CONSTRUCTION & ENGINEERING CO. LTD	1^st Plaintiff (1^st Claimant in Arbitrations)
	HONG KONG MACAU (ASIA) ENGINEERING CO. LTD	2^nd Plaintiff (2^nd Claimant in Arbitrations)
	NEW HOPES CONSTRUCTION CO. LTD	3^rd Plaintiff (3^rd Claimant in Arbitrations)
	SING FAT CONSTRUCTION CO. LTD	4^th Plaintiff (5^th Claimant in Arbitrations)
	SUN ON ENGINEERING CO. LTD	5^th Plaintiff (6^th Claimant in Arbitrations)
	WECON LTD	6^th Plaintiff (7^th Claimant in Arbitrations)
	YAU LEE CONSTRUCTION CO. LTD	7^th Plaintiff (8^th Claimant in Arbitrations)
	and
	THE HONG KONG HOUSING AUTHORITY	Defendant (Respondent in Arbitrations)

________________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 431 OF 2018

(ON APPEAL FROM HCCT NO. 54 OF 2017)

________________________

	IN THE MATTER of the Arbitration Ordinance (Cap. 609)
	and
	IN THE MATTER of Arbitrations

________________________

BETWEEN

	CHUN WO CONSTRUCTION & ENGINEERING CO. LTD	1^st Plaintiff (1^st Claimant in Arbitrations)
	HONG KONG MACAU (ASIA) ENGINEERING CO. LTD	2^nd Plaintiff (2^nd Claimant in Arbitrations)
	NEW HOPES CONSTRUCTION CO. LTD	3^rd Plaintiff (3^rd Claimant in Arbitrations)
	SING FAT CONSTRUCTION CO. LTD	4^th Plaintiff (5^th Claimant in Arbitrations)
	SUN ON ENGINEERING CO. LTD	5^th Plaintiff (6^th Claimant in Arbitrations)
	WECON LTD	6^th Plaintiff (7^th Claimant in Arbitrations)
	YAU LEE CONSTRUCTION CO. LTD	7^th Plaintiff (8^th Claimant in Arbitrations)
	and
	THE HONG KONG HOUSING AUTHORITY	Defendant (Respondent in Arbitrations)

________________________

(HEARD TOGETHER)

Before : Hon Lam VP, Cheung and Yuen JJA in Court

Dates of Defendant’s letters : 4 April 2019 and 17 April 2019

Date of 2^nd, 3^rd, 5^th and 7^th Plaintiffs’ letter : 12 April 2019

Date of Decision on Costs : 15 May 2019

________________________

DECISION ON COSTS

________________________

Hon Cheung JA (giving the Decision on Costs of the Court) :

1.1On 5 March 2019 we dismissed the defendant’s appeal in CACV 431/2018 and gave our reasons on 27 March 2019. We ordered the defendant to pay the plaintiffs the costs of this appeal. On the same date we also gave our judgment in CACV 338/2018 and dismissed the plaintiffs’ appeal. We ordered the plaintiffs to pay the defendant the costs of this appeal.

1.2Both parties applied to vary the costs order.

CACV 431/2018

2.The plaintiffs asked for indemnity costs against the defendant. As this appeal was incompetent in the first place, the defendant is ordered to pay indemnity costs to the plaintiffs.

CACV 338/2018

3.The practice that a party who failed to set aside an arbitral award is required to pay indemnity costs is well-established by two judgments of this Court in Gao Haiyan v. Keeneye Holdings Ltd (No. 2) [2012] 1 HKC 491 and Grand Pacific Holdings Ltd v. Pacific China Holdings Ltd (in liquidation) (No. 2) [2012] 4 HKLRD 569. These judgments are binding on us. Accordingly we will order the plaintiffs to pay indemnity costs to the defendant. The costs below in HCCT 54/2017 will likewise be taxed on an indemnity basis.