Four Seas Union (Holdings) Ltd t/a Four Seas Union Construction Co v. Hong Kong & Macau Scent on Engineering & Construction Ltd

Read the full judgment text of HCCT17/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 22 May 2003 before Hon Burrell J.

Costs — Construction and Arbitration Proceedings — Costs order nisi made in favour of plaintiff — Defendant contended that plaintiff should not receive all costs — Court considered written submissions from parties — Final costs order made that defendant pay 75% of plaintiff's taxed costs — Additional costs from submissions on costs order nisi included in overall costs — Outcome: defendant to pay majority share of costs.

Legal issues: Costs entitlement and apportionment

Outcome: Defendant ordered to pay 75% of plaintiff's taxed costs

Cited by 1 case

Case No.HCCT17/2002
Court
高等法院原訟法庭
Date22 May 2003
JudgeHon Burrell J
Case Document
100%Judiciary

HCCT000017A/2002

HCCT17/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS
NO.17 OF 2002

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BETWEEN
FOUR SEAS UNION (HOLDINGS) LIMITED trading as FOUR SEAS UNION CONSTRUCTION CO. Plaintiff
AND
HONG KONG & MACAU SCENT ON ENGINEERING & CONSTRUCTION LIMITED Defendant

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Coram: Hon Burrell J in Court

Date of Hearing: 13 May 2003

Date of Decision on Costs: 22 May 2003

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DECISION ON COSTS

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1.In the written judgment, I made a costs order nisi in the plaintiff's favour. The parties have made submissions in writing dealing with the defendant's contention that the plaintiff should not be entitled to all of its costs. I have now read and considered those written submissions and my final order as to costs is that the defendant shall pay 75% of the plaintiff's taxed costs. The additional costs incurred by the submissions on my costs order nisi shall be included in the overall costs of the action.

(M.P. Burrell)
Judge of the Court of First Instance
High Court

Representation:

Ms Liza S.H. Yip, instructed by Messrs Cham & Co., for the Plaintiff

Mr Anthony Houghton, instructed by Messrs Yam & Co., for the Defendant