Read the full judgment text of HCA 10670/2000 on BabelCite. This Court of First Instance judgment was delivered on 27 April 2010 before Deputy High Court Judge L. Chan.
Civil procedure – costs – apportionment of costs – costs order nisi – adverse possession claim – ownership dispute over 6.67 acres of New Territories land in Yuen Long – grant plan dispute – alternative claims – whether the general rule that costs follow the event should be departed from – Order 62 rule 5(1)(e) and (f) and rule 2 of the Rules of the High Court – re Elgindata Limited (No. 2) [1992] 1 WLR 1207 principle 3 – whether the successful party caused significant increase in length or costs of proceedings – Hong Kong Racing Pigeon Association Limited v Lam Koon Nam & Others HCM1454/2003 – Hong Kong Kam Lan Koon Limited v Realray Investment Limited (No. 4) [2005] 4 HKC 162 – the defendant succeeded in defending all alternative claims, losing only one point (intention) in the adverse possession claim but succeeding on the expiration-of-interests issue – the evidence on occupation was undisputed and was the mainstay of the plaintiffs' primary claim on the grant plan – no evidence was adduced solely for the adverse possession claim – held that the defendant had not done anything that contributed to a significant increase in the trial's length or costs – held that the defendant's conduct did not warrant exercise of discretion to depart from the general rule – issue of intention was not separate and distinct from the overall adverse possession claim – both applications to vary the costs order nisi dismissed – costs order nisi stands – plaintiffs to pay the defendant's costs of the action – plaintiffs also to bear the defendant's costs of the two applications.
Legal issues: Whether Elgindata principle 3 supports apportionment of costs · Whether discretion under O.62 r.5(1)(e),(f) and r.2 warrants departure from the general rule
Outcome: Both applications by the plaintiffs to vary the costs order nisi are dismissed.
Cited by 9 cases