Mediterranean Shipping Co (HK) Ltd. v. Texway Industries Ltd. and Another
Read the full judgment text of HCA 1220/2002 on BabelCite. This High Court CFI judgment was delivered on 5 November 2002.
1. In this matter, for reasons I set out in my judgment, I restricted the costs orders that might otherwise have been made, limiting the order to costs on the writ. The key date in relation to costs is 23 August. On that date, the defendants, having been informed of the new tenancy, must have had all of their concerns satisfied, that is why the matter ought not to have proceeded beyond that date. Costs ought not to have been an issue because at that date both defendants properly, as they should
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HCA001220A/2002 HCA1220/2002 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 1220 OF 2002 _______________________
_______________________ Coram: Deputy High Court Judge Saunders in Chambers Date of Hearing: 5 November 2002 Date of Judgment: 5 November 2002 __________________ J U D G M E N T __________________ 1.In this matter, for reasons I set out in my judgment, I restricted the costs orders that might otherwise have been made, limiting the order to costs on the writ. The key date in relation to costs is 23 August. On that date, the defendants, having been informed of the new tenancy, must have had all of their concerns satisfied, that is why the matter ought not to have proceeded beyond that date. Costs ought not to have been an issue because at that date both defendants properly, as they should have, acknowledging liability, ought to have been willing to pay costs to that date, but they did not adopt that position. They came before me and argued that in fact the writ was totally misconceived and that there was no cause of action. In that they failed, and for that reason, summary judgment was entered for the plaintiff against both defendants. 2.Mr Chain has satisfied me that in the context of those facts he, accepting that my concern in respect of costs is a legitimate concern, should still have costs. I am satisfied that he is right. There will be an order for costs against the 1st defendant to 23 August, and against the 2nd defendant to today. That is an order absolute.
Representation: Mr Benjamin Chain, instructed by Johnson, Stokes & Master, for the Plaintiff Mr Yuen of Chris H M Yuen & Co., for D1 & D2 |
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Further hearings and rulings under HCA 1220/2002