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The Medical Council of Hong Kong v. David Chow Siu Shek

Read the full judgment text of on BabelCite. was delivered on 26 June 2000.

1. We have received written submissions from both parties on costs. Neither party seeks an oral hearing thereon. Dr Chow submits that there should be no order as to costs. The Council submits that it should have the costs here and below . We do not propose to set out the details of those rival submission s. Quite simply, we see no reasons why costs should not follow the event.

Case No.
Court
Date26 Jun 2000
Judge—
Case Document
100%Judiciary

FACV000003A/2000

FACV No. 3 of 2000

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 3 OF 2000 (CIVIL)

(ON APPEAL FROM CACV NO. 260 OF 1999)

_____________________

Between:
THE MEDICAL COUNCIL OF HONG KONG Appellant
AND
DAVID CHOW SIU SHEK Respondent

_____________________

Court: Chief Justice Li, Mr Justice Litton PJ, Mr Justice Ching PJ, Mr Justice Bokhary PJ and Sir Anthony Mason NPJ

Date of Ruling: 26 June 2000

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RULING ON COSTS

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Chief Justice Li

1. We have received written submissions from both parties on costs. Neither party seeks an oral hearing thereon. Dr Chow submits that there should be no order as to costs. The Council submits that it should have the costs here and below. We do not propose to set out the details of those rival submissions. Quite simply, we see no reasons why costs should not follow the event.

2. In the result, the order nisi that the Council have its costs against Dr Chow here and in the courts below becomes absolute.

(Andrew Li) (Henry Litton) (Charles Ching)
Chief Justice Permanent Judge Permanent Judge

(Kemal Bokhary) (Sir Anthony Mason)
Permanent Judge Non-Permanent Judge

Representation:

Mr John Bleach SC and Mr David Fitzpatrick (instructed by the Department of Justice) for the appellant council

Mr Graham Harris (instructed by Messrs Boase, Cohen & Collins) for the respondent doctor