Read the full judgment text of HCA 001868/1995 on BabelCite. This High Court CFI judgment was delivered on 11 January 1996 before Woo J.
Civil procedure – appeal from costs order of a Master – interlocutory proceedings – Order 24 and Order 26 of the RSC – interrogatories and discovery – whether the tests in Hoddle v CCF Construction Ltd apply in Hong Kong on appeals against a master's costs order – leave requirement – whether appellate court should rehear exercise of discretion – whether the Master erred by making different costs orders on two related summonses heard together – customary order of 'costs in any event' – certificate for counsel – appeal allowed in part; Master's order varied to costs to the defendant in any event; certificate for counsel upheld; three-quarters of the costs of the appeal to the Plaintiff in any event.
Legal issues: Applicability of Hoddle test for appeals against costs orders by masters in Hong Kong · Whether the Master erred in differentiating the costs orders on the Order 24 and Order 26 summonses · Whether the Master's certificate for counsel was wrongly granted
Outcome: Appeal allowed in part; the Master's costs order on the Order 26 summons is varied to 'costs to the defendant in any event'; the certificate for counsel is upheld.