Emperor Finance Ltd v. La Belle Fashions Ltd and Another

FACV000006A/2003

FACV No. 6 of 2003

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 6 OF 2003 (CIVIL)

(ON APPEAL FROM CACV NO. 1476 OF 2001)

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(Originally High Court Action No. 12310 of 1997)

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(Originally High Court Action No. 12312 of 1997)

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Court: Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Litton NPJ and Lord Millett NPJ

Date of Judgment: 27 February 2004

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JUDGMENT ON COSTS

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Mr Justice Ribeiro PJ :

1.This is the Court's judgment on costs.

2.The Court, in its Judgment handed down on 6 November 2003, made an order nisi that the Appellant Emperor Finance Limited ("Finance") should have the costs of this Appeal and in the Court of Appeal and gave directions affording the parties an opportunity to make representations in writing in relation to that order.

3.Written representations were filed on behalf of Finance and of Emperor Futures Limited ("Futures"), dated 18th November 2003, and service of those representations on the Respondents was verified by an Affirmation dated 27th November 2003. No representations in reply were filed on behalf of the Respondents.

4.The Appellants submitted that the order for costs ought to be extended to cover the costs of Futures at first instance or alternatively its costs limited to the costs of defending the counterclaim which stands dismissed as against Futures.

5.They also submitted that the costs ordered to be paid by the 2nd Respondent should be payable on an indemnity basis as agreed pursuant to Clause 1(c) of the guarantees upon which she has been found liable.

6.The Court accepts these submissions and accordingly makes the following orders absolute as to costs, namely, that :-

(a) the Respondents do pay the costs :-

a. of Finance in respect of the proceedings at first instance in HCA 12310 of 1997 and HCA 12312 of 1997; and,

b. of Futures, limited to the costs of defending the counterclaims in the aforementioned first instance proceedings;

(b) the Respondents do pay to Finance the costs of this Appeal and in the Court of Appeal in CACV 1476 of 2001; and,

(c) the costs payable by the 2nd Respondent pursuant to the two foregoing paragraphs of this Order be taxed on an indemnity basis if not agreed.

Representation:

Mr Anthony Neoh SC and Mr Denis Gordon Yu (instructed by Messrs Fred Kan & Co) for the Appellant

The 2nd Respondent in person

The other Respondents unrepresented