Read the full judgment text of CACV 498/2000 on BabelCite. This Court of Appeal judgment was delivered on 29 May 2001 before Mayo VP, Keith JA, Sakhrani J.
Civil law – costs – variation of costs order nisi – Court of Appeal – whether to depart from usual order for costs following the event – adverse possession – wider issues argued at trial – joinder of D1 and D2 – whether necessary – application to extend time for injunction to take effect – awareness of pending litigation when renewing tenancy – escape clause – Civil Appeal No. 498 of 2000, on appeal from DCCJ 22394/1998 – The Incorporated Owners of Man Hong Apartments v. Kwong Yuk Ching & Others – costs order nisi – first issue: whether the costs order nisi should be varied so that D3 pays only half of the appeal costs and there is no order for costs in relation to the trial below – holding: application largely refused, insufficient material to depart from usual order for costs following the event, but modified to exclude D1 and D2 from any costs order – second issue: whether the time for the injunction to take effect should be extended – holding: refused, defendants were aware of outstanding litigation when renewing tenancy and should have included an escape clause, but injunction clarified to take effect one month from service of the order on D3 – outcome: costs order modified to provide no order for costs of D1 and D2 and that D1 and D2 not liable for plaintiff's costs; extension of time for injunction refused; injunction to take effect one month from service on D3.
Legal issues: Variation of costs order nisi · Extension of time for injunction to take effect
Outcome: Application to vary the costs order nisi granted only to the extent that there should be no order for the costs of D1 and D2 and that D1 and D2 should not be liable for the plaintiff's costs; application to extend the time for the injunction refused, but the injunction clarified to take effect one month from service of the order on D3.
Cited by 3 cases