Ho Choi Wan v. Hong Kong Housing Authority
Read the full judgment text of on BabelCite. was delivered on 5 January 2006.
1. In its judgment of 21 November 2005, the Court (with Mr Justice Bokhary PJ dissenting) dismissed the appeal and made an order nisi for costs in favour of the Authority. Written submissions on costs have been lodged by the parties. The appellant submits that there should be no order as to costs, whilst the Authority maintains that costs should follow the event and that the order nisi should be made absolute.
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FACV No. 1 of 2005 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 1 OF 2005 (CIVIL) (ON APPEAL FROM CACV NO. 251 OF 2003) _____________________ Between:
_____________________ Court: Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Lord Millett NPJ Date of Judgment: 5 January 2006 _____________________ JUDGMENT ON COSTS _____________________ Chief Justice Li: 1.In its judgment of 21 November 2005, the Court (with Mr Justice Bokhary PJ dissenting) dismissed the appeal and made an order nisi for costs in favour of the Authority. Written submissions on costs have been lodged by the parties. The appellant submits that there should be no order as to costs, whilst the Authority maintains that costs should follow the event and that the order nisi should be made absolute. 2.Having considered the submissions and having regard to the public interest in the issues involved in the present case, the Court varies the order nisi to an order that each party will bear its or her own costs on appeal and in the courts below. An order has already been made that the appellant’s costs be taxed in accordance with the Legal Aid Regulations.
Written submissions from Messrs Ho, Tse, Wai & Partners for the appellant Written submissions from Messrs Simmons & Simmons for the respondent |