Chiau Sing Chi Stephen v. Next Magazine Publishing Ltd and Another

HCA 3113/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 3113 OF 2003

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Before:  Hon Chung J in Chambers

Date of Written Submissions:  15 October 2008

Date of Handing Down Decision on Costs:  31 October 2008

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DECISION ON COSTS

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Introduction

1.This is the decision on the costs of the plaintiff’s application for leave to make a statement in open court.

2.The parties sensibly agree that, save as regards the costs of the hearing on 14 August 2008, the plaintiff is to have the costs of the application: Phillipps v. Associated Newspapers Ltd. and Another [2004] 1 WLR 2106.  As regards the costs of the said hearing, the plaintiff argues that there should be no order as to costs whereas the defendants seek those costs to be paid by the plaintiff.

3.The application for leave was unopposed; but dispute arose as regards the terms of the draft statement.  The hearing on 14 August 2008 was the opportunity at which they put forth their respective arguments.  Written decision which determined the dispute was handed down on 21 August 2008.

4.As was stated in the decision of 21 August 2008, the scope of dispute was narrowed down to para. 4, 5, 7 and 9 of the draft statement by 14 August: see para. 10 thereof.  The written decision decided against the plaintiff in relation to para. 4, 5 and 7.  Leave was given in relation to a version of para. 9 of the draft which was not originally contended for by the plaintiff.  The defendants did not oppose the version of para. 9 for which leave was in fact given.

5.In view of the above, I agree with the defendants’ submissions that they were in effect the successful party.

6.There is no valid reason to depart from the general rule that cost should follow the event: Phillipps, para. 11.  Accordingly:-

(a) costs of the hearing on 14 August 2008 be paid by the plaintiff to the defendants;

(b)    subject to (a) above, costs of the application for leave be paid by the defendants to the plaintiff.

All costs are to be taxed if not agreed.

Mr Jason Pow, SC, instructed by Messrs Cheng Wong Lam & Partners, for the Plaintiff

Mr Anderson Chow, SC, instructed by Messrs Deacons, for the Defendants