The Ka Wah Bank Ltd v. Bhagwan Shankardas Moorjani

FACV000013A/2001

FACV No. 13 of 2001

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 13 of 2001 (CIVIL)

(ON APPEAL FROM CACV NO. 116 OF 2000)

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Date of Judgment: 19 April 2002

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JUDGMENT ON COSTS

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Chief Justice Li :

1.In the judgment which we handed down on 8 March 2002, we made an order nisi awarding costs here and below in favour of the bank (the appellant) against Mr Moorjani (the respondent). We also gave directions with regard to any application which the parties might make in relation to such order.

2.On 26 March 2002, we received an application from Mr Moorjani asking this Court to "waive and nullify the costs" and to award the costs of these proceedings to him. We treat his application as an application to oppose the making absolute of the order nisi.

3.Having carefully considered the written submissions which the parties have placed before this Court, we see no reason to depart from the usual practice that costs should follow the event. Mr Moorjani, having lost the action and the appeal to this Court, should pay to the bank the costs here and below. We therefore order that the order nisi which we made on 8 March 2002 be made absolute. We also order that the costs of this application be borne by Mr Moorjani.

Representation:

Mr Robert Tang, SC and Mr Alfred Liang (instructed by Messrs Wilkinson & Grist) for the appellant

Respondent in person