Xu Ying v. Xu Weihong

Read the full judgment text of CAMP 216/2020 on BabelCite. This Court of Appeal judgment was delivered on 9 November 2021.

1. The defendant’s application to vary the costs order nisi is dismissed with costs to the plaintiff. We do not consider that the plaintiff’s failure on the malicious falsehood point is so separate and substantial as to detract from the fact that he is the winner overall or to call for a reduction of the costs awarded to him by 50% or indeed by any other significant proportion.

Cites 1 case

Case No.CAMP 216/2020[2021] HKCA 1670
Court
Court of Appeal
Date09 Nov 2021
Judge
Case Document
100%Judiciary

CAMP 216/2020 & CACV 421/2021

[2021] HKCA 1670

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 216 OF 2020

(ON AN INTENDED APPEAL FROM HCA NO. 2650 OF 2017)

________________________

RE:

XU YING
(徐鷹)
Plaintiff
and
XU WEIHONG
(許偉紅)
Defendant

________________________

CACV 421/2021

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 421 OF 2021

(ON APPEAL FROM HCA NO. 2650 OF 2017)

________________________

BETWEEN

XU YING
(徐鷹)
Plaintiff
and
XU WEIHONG
(許偉紅)
Defendant

________________________

Before:  Hon Cheung and G Lam JJA in Court

Date of Decision:  9 November 2021

________________________

DECISION ON COSTS

________________________


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

1.The defendant’s application to vary the costs order nisi is dismissed with costs to the plaintiff. We do not consider that the plaintiff’s failure on the malicious falsehood point is so separate and substantial as to detract from the fact that he is the winner overall or to call for a reduction of the costs awarded to him by 50% or indeed by any other significant proportion.

(Peter Cheung) (Godfrey Lam)
Justice of Appeal Justice of Appeal

Ms Teresa Wu and Ms Stephanie Hung, instructed by P C Woo & Co, for the Plaintiff

Mr Victor Dawes SC leading Mr Peter Dong, instructed by Iu, Lai & Li, for the Defendant