Ling Nam Herbalist Koon and Others v. Radio Television Hong Kong

HCA000263A/1997

1997, No. A263

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CIVIL JURISDICTION

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Coram: Deputy Judge A. Chung in Court

Dates of Hearing: 1, 2, 3, and 4 June 1998

Date of Handing Down Addendum: 26 June 1998

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A D D E N D U M

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1. I have handed down a written Judgment on 22 June, 1998 dismissing the Plaintiffs' claim against the Defendant.

2. On 1 June, 1998 (the first day of the trial), the Defendant applied to set aside a writ of subpoena issued against the Director of Broadcast. After hearing submissions of the parties, I agreed with Defence Counsel and set aside the writ of subpoena. Costs of that application were not dealt with at that stage.

3. On 4 June, 1998 (the last day of the trial), Defence Counsel asked for costs of the setting aside application to be paid by the Plaintiffs. I invited submissions from, and heard, submissions from both parties. The Plaintiffs opposed the application for costs on the ground that the litigation was not caused by them but by the Defendant's wrongful acts.

4. I do not agree with the Plaintiffs' submissions. The normal rule is that costs should follow the event. Whether the Plaintiffs have a proper basis to apply for the said writ of subpoena involved considerations different from whether there were merits in the Plaintiffs' claim (as stated above, I found against the Plaintiffs on the merits of their claim). In essence I set aside the writ of subpoena on the ground that the testimony of the Director of Broadcast would not be relevant to any issues in this action.

5. For the above reasons, I do not consider that I should depart from the normal rule. Costs of the setting aside application are to be paid by the Plaintiffs to the Defendant to be taxed if not agreed,

(Andrew Chung)
Deputy Judge of the Court of First Instance

Representation:

Plaintiffs in person

Mr. Anderson Chow i/s by Department of Justice for the Defendant