Mandecly Ltd and Another v. Hao Wei and Others

CACV 65/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 65 OF 2008

(ON APPEAL FROM HCA NO. 1216 OF 2002)

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Before: Hon Rogers VP, Le Pichon and Hartmann JJA in Court

Date of Written Submissions as to Costs: 9 July 2008

Date of Handing Down Ruling as to Costs: 23 September 2008

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RULING  AS  TO  COSTS

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Hon Rogers VP:

1.By the judgment handed down on 25 June 2008, this court allowed the appeal and set aside the judgment in the court below but remitted the matter to the Court of First Instance to be heard by a different judge.  There was no order nisi as to costs and the parties were requested to attempt to agree an order and make submissions as to costs.

2.This court has considered those submissions and in the light of them will make an order that the appellant should have the costs of the appeal and the question of the costs in the court below should be remitted to the judge who will hear the remitted proceedings to be decided at the same time as the new trial takes place.

Hon Le Pichon JA:

3.I agree.

Hon Hartmann JA:

4.I agree.

Mr Edward Chan SC & Mr Bernard Man, instructed by Messrs Anthony Siu & Co., for the 1^st & 2^nd Plaintiffs/Respondents

Ms Eva Sit, instructed by Messrs Fred Kan & Co., for the 1^st Defendant/Appellant