Yeung Yu Chung and Another v. Base Keen Investments Ltd and Others

HCMP 1155/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS no. 1155 of 2008

(on AN INTENDED appeal from HCA NO. 90 of 2008)

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Before: Hon Rogers VP in Chambers

Date of Hearing: 18 July 2008

Date of Decision: 18 July 2008

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D E C I S I O N

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1.This is a very unusual case because it has taken an unusual twist.  If the Defendants are right in the matter, this whole case will collapse.

2.It seems to me, really, that this aspect of the case has got this far is a bit unnecessary.  It should have been sorted out earlier.  I think that the right course to take is that the costs of this application should be costs in the appeal.

3.If the Defendants are right, they should get their costs.  This case should probably never have got this far anyway and that is why I think it is fair that they should get the costs.  If they lose the appeal then, of course, they pay the costs.  So I consider, at the end of the day, that it should be costs in the appeal.  The fact that the appeal may never happen seems to me, on what I have read on the papers, to be because this case is going to collapse and costs should really fall on the Plaintiffs, if that is right.  But I do not know at this stage.

4.What I am going to do is grant the extension of time and make the costs of the application costs in the appeal.

Ms Teresa Wu, instructed by Messrs Arculli Fong & Ng, for the 1st Plaintiff/1st Respondent

Ms Janine Cheng, instructed by Messrs Huen & Partners, for the 2nd Plaintiff/2nd Respondent

Mr David P H Wong, of Messrs Wong, Hui & Co., for the 1st and 2nd Defendants/Applicants