Man Leung and Others v. Man for Tai and Others

HCMP002163A/1998

HCA 7935/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 7935 OF 1998

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AND

HCMP 2163/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2163 OF 1998

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(Heard together)

Coram: Hon Yuen J in Chambers

Date of Hearing: 17 March 2000

Date of Decision: 17 March 2000

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D E C I S I O N

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1. There are three summonses before me this morning. The one which has taken the most time is an application by Mr Fung's clients for a variation of the costs order nisi which I made in my Judgment handed down on 21 October 1999.

2. That costs order nisi was made after hearing some argument from both counsel, and the reasons for that order have been set out or highlighted at pages 15-17 of the Judgment. Nothing in Mr Fung's submissions this morning are new. They had all been made the subject of previous submissions to me, and even on more mature consideration of the issues which I have been asked to do today, I find that after consideration of the matters which are summarised briefly in my judgment and in the exercise of my discretion, I would decline to vary the order nisi as to costs.

3. As for the other summonses this morning, Mr Chan has indicated there is no objection to the application for leave to cease to be parties and for amendment of the Statement of Claim in the action. As far as the interest matter is concerned, Mr Fung has asked that the matter be adjourned and Mr Chan has no objection to that.

Representation:

Mr Patrick Fung, SC, instructed by Baker & McKenzie, for 1st-3rd Plaintiffs in A7935/1998 and for 1st-4th Defendants in MP2163/1998

Mr Warren Chan, SC, instructed by David Y Y Fung, for Defendants in A7935/1998 and for 1st-3rd Plaintiffs in MP2163/1998