China Overseas Building Construction Ltd v. Profit Nation Development Ltd and Others
Read the full judgment text of HCA 2011/2003 on BabelCite. This High Court CFI judgment was delivered on 4 August 2004.
2. On (1), I will grant a certificate for two counsel for the reasons stated in my costs ruling in HCA2008/2003 of today's date.
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HCA002011A/2003 HCA2011/2003 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO.2011 OF 2003 ---------------------
---------------------- Coram: Hon Tang J in Chambers Date of Hearing: 19 May 2004 Date of Further Written Submission by the Plaintiff: 7 July 2004 Date of Further Written Submission by the Defendant: 14 July 2004 Date of Ruling on Costs: 4 August 2004 ----------------------------------------- RULING ON COSTS ----------------------------------------- 1.There are also two issues :
2.On (1), I will grant a certificate for two counsel for the reasons stated in my costs ruling in HCA2008/2003 of today's date. 3.As for (2), the stay is not academic and the 1st defendant is entitled to the costs attributable to its success on this point. Here, the application for stay related to the entirety of the plaintiff's claim, namely, $50,644,791. The 1st defendant succeeded as to $30,417,991. So the plaintiff and the 1st defendant were each partly successful. 4.I would not apportion costs according to the amount. In all circumstance, I think no order as to costs to be fair, although the time taken on the points on which the plaintiff succeeded probably exceeded the time taken on the points on which the 1st defendant succeeded. So there will be no order as to costs relating to the 1st defendant's application for a stay. 5.The plaintiff is to have costs of the action, including the costs of the Order 14 summons against all the defendants, with certificate for two counsel for the hearing before me. There is to be no order as to costs in relation to the 1st defendant's application for a stay. However the plaintiff is to have the costs of the application for a stay against the 2nd and 3rd defendants in respect of their application for a stay.
Representation: Mr Warren Chan, SC and Mr Law Man Chung, instructed by Messrs Lily Fenn & Partners, for the Plaintiff Mr Clifford Smith, instructed by Messrs Gallant Y.T. Ho & Co., for the Defendants |
Further hearings and rulings under HCA 2011/2003