Read the full judgment text of on BabelCite. was delivered on 2 April 2004 before Li CJ, Bokhary PJ, Chan PJ, Ribeiro PJ and Mason NPJ.
Civil procedure – costs – indemnity costs versus party and party costs – appeal – discretion of court – O.62 r.28(3) Rules of the High Court (Cap 4) – s.52A High Court Ordinance (Cap 4) – Draft Wan Chai North Outline Zoning Plan – protection of Victoria Harbour – public interest litigation – whether attributes of parties and character of proceedings are relevant to the discretion to award indemnity costs – whether the discretion to award indemnity costs is restricted to cases of disapproval of conduct – whether the public interest in protecting the harbour and the limited means of a public-interest litigant are relevant considerations – whether Chu J's exercise of discretion miscarried – cross-jurisdictional support from New Zealand Maori Council, Oshlack, Re Friends of the Oldman River and Reilly – appeal from Chu J's costs orders dismissed with costs – order nisi for costs of the main appeal varied so that the Society's costs are to be taxed and paid on an indemnity basis with a certificate for three counsel – court emphasises that the discretion to award indemnity costs is unfettered and uncircumscribed and that other factors such as reasonableness of conduct may need to be taken into account in other cases.
Legal issues: Relevance of party attributes and character of proceedings to indemnity costs discretion · Whether Chu J's exercise of discretion miscarried · Costs of the main appeal
Outcome: Appeal from Chu J's costs orders dismissed with costs; order nisi for costs of the main appeal varied to award costs to the Society on an indemnity basis with a certificate for three counsel.