The Grande Properties Management Ltd v. Sun Wah Ornament Manufactory Ltd

cacv 316/2004

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 316 of 2004

(on appeal from HCA NOS. 4741 OF 2001 AND 5207 OF 2001)

HCA 4741/2001

BETWEEN

HCA 5207/2001

BETWEEN

(HCA 4741/2001 to be consolidated with HCA 5207/2001 pursuant to the Order made
 by Mr Registrar C Chan on 5 December 2002)

Before: Hon Rogers VP, Le Pichon JA and Reyes J in Court

Date of Hearing: 5 October 2005

Date of Judgment: 5 October 2005

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JUDGMENT

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Hon Rogers VP (giving judgment of the court):

1.We will order security in the usual way, of $400,000.  As I indicated before, once the matter goes to Court of Final Appeal, the Defendant is entitled to have leading counsel if he wants and once that happens, it is going to be $400,000.

(Submission on stay of execution of costs orders)

2.This court does not consider that the grounds for a stay of the taxation, which is the only matter in issue, are relevant.  Although section 26 of the Hong Kong Court of Final Appeal Ordinance does empower the court to grant a stay of execution, it is primarily in respect of an award of damages or some-such award.  But in this case, it is a matter of costs and costs should normally follow.  This court does not consider that litigants should be kept out of their costs.  The costs of litigation are high and a successful litigant, who has been successful in two courts is, in our view, entitled to proceed.  Of course, the party proceeds to taxation at its own peril, if the matter is set aside by the Court of Final Appeal, then, of course, it will have to bear the result of that and have to bear the costs which are thrown away in any taxation.  But that is a matter for the Defendant and we do not think that the Defendant should be kept out of its costs as of now. 

(Submission re costs of today)

3.Costs on leave to appeal be costs in the appeal.  Remainder of costs today be costs to the Defendant. 

Mr Ambrose Ho SC and Ms Joyce Leung, instructed by Messrs Kennedys, for the Plaintiff/Appellant

Mr Kenneth C L Chan and Mr Chow Hung-fat, instructed by Messrs Tai, Tang Chong, for the Defendant/Respondent