Eton Properties Limited and Another v. 廈門新景地集團有限公司 Formerly Known As 廈門市鑫新景地房地產有限公司
Read the full judgment text of FACV 3/2019 on BabelCite. This FACV judgment was delivered on 16 December 2020 before Ribeiro PJ, Fok PJ, Cheung PJ, Bokhary NPJ, Lord Sumption NPJ.
Civil procedure – costs – Court of Final Appeal – consolidated final appeals – dismissal of appeals – costs follow the event – counsel certification – civil appeal from CACV 158/2012 – two consolidated final appeals involving multiple defendants including Eton Properties group companies and individual defendants – main judgment handed down on 9 October 2020 in [2020] HKCFA 32 – parties lodged written submissions on costs pursuant to paragraph 182 of the main judgment – whether costs should follow the event of the dismissed appeals – held: costs follow the event with counsel certification as specified – D1 and D2 ordered to pay P's costs of FACV 3/2019, certified fit for four counsel – P ordered to pay D1 and D2's costs of FACV 5/2019, certified fit for four counsel – P ordered to pay D3 and D4's costs of FACV 5/2019, certified fit for two counsel – P ordered to pay D6's costs of FACV 5/2019, certified fit for two counsel – certification for two counsel made for the avoidance of doubt as the Court's general practice is not to require such certification – Ruling on Costs issued on 16 December 2020.
Legal issues: Costs orders following dismissal of consolidated final appeals
Outcome: D1 and D2's appeal in FACV 3/2019 dismissed; P's appeal in FACV 5/2019 dismissed; costs ordered accordingly
Cites 1 case
|
FACV Nos. 3 and 5 of 2019 [2020] HKCFA 39 FACV No. 3 of 2019 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 3 OF 2019 (CIVIL) (ON APPEAL FROM CACV NO. 158 OF 2012) ________________________ BETWEEN
________________________ FACV No. 5 of 2019 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 5 OF 2019 (CIVIL) (ON APPEAL FROM CACV NO. 158 OF 2012) ________________________ BETWEEN
________________________ (HEARD TOGETHER)
________________________ RULING ON COSTS ________________________ Mr Justice Ribeiro PJ: 1.This is the Court’s Ruling as to costs. 2.Pursuant to paragraph 182 of the Judgment,[1] the parties have lodged written submissions as to costs. Having considered those submissions the Court makes the following Orders. 3.The Court having dismissed the appeal of D1 and D2 in FACV 3 of 2019, it is Ordered that D1 and D2 should pay P the costs of that appeal, certified fit for four counsel. 4.The Court having dismissed P’s appeal in FACV 5 of 2019 it is Ordered:
FACV 3/2019 Written submissions by Mr Richard Khaw SC and Ms Bonnie Y K Cheng, instructed by Mayer Brown, for the 1st and 2nd Defendants (1st and 2nd Appellants) Written submissions by Mr Bernard Man SC, Mr Justin Ho and Mr James Man, instructed by Anthony Siu & Co., for the Plaintiff (Respondent) FACV 5/2019 Written submissions by Mr Bernard Man SC, Mr Justin Ho and Mr James Man, instructed by Anthony Siu & Co., for the Plaintiff (Appellant) Written submissions by Mr Richard Khaw SC and Ms Bonnie Y K Cheng, instructed by Mayer Brown, for the 1st and 2nd Defendants (1st and 2nd Respondents) Written submissions by Mr Paul Shieh SC and Ms Elizabeth Cheung, instructed by Wilkinson & Grist, for the 3rd and 4th Defendants (3rd & 4th Respondents) Written submissions by Ms Kate Poon, instructed by Baker & McKenzie, for the 6th Defendant (5th Respondent) [1] Ribeiro, Fok and Cheung PJJ, Bokhary and Lord Sumption NPJJ [2020] HKCFA 32 (9 October 2020). [2] Generally the practice of the Court is not to require certification for two counsel. These Orders are made for the avoidance of doubt. |
Cases cited in this judgment
Further hearings and rulings under FACV 3/2019