Chung Yuen Yee v. Sam Woo Bore Pile Foundation Ltd and Others

CACV 145/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 145 OF 2010

(ON APPEAL FROM HCPI 1053 OF 2006)

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BETWEEN

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Before : Hon Cheung CJHC, Tang VP and Cheung JA

Date of written submission on costs by the plaintiff : 22 July 2011

Date of written submission on costs by the 2^nd defendant : 5 August 2011

Date of written submission on costs by the 1^st, 3^rd and 4^th defendants : 4 August 2011

Date of written reply submission on costs by the 1^st, 3^rd and 4^th defendants : 12 August 2011

Date of Decision on Costs : 15 September 2011

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Decision on Costs

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Hon Cheung CJHC :

1.I agree with the decision of Cheung JA.

Hon Tang VP ：

2.I agree.

Hon Cheung JA :

3.There are three sets of costs :

(1) The plaintiff’s cross appeal on contributory negligence.

(2) The 1^st, 3^rd and 4^th defendants’ appeal on liability.

(3) The 1^st, 3^rd and 4^th defendants’ appeal on apportionment of liability between them and the 2^nd defendant.

4.The plaintiff was successful in the cross appeal and is entitled to the costs thereof.  The 1^st, 3^rd and 4^th defendants are to pay 75% and the 2^nd defendant 25% of the plaintiff’s costs.

5.The 1^st, 3^rd and 4^th defendants failed in their appeal on liability.  They should pay the plaintiff’s costs and the 2^nd defendant’s costs on their appeal.

6.The 1^st, 3^rd and 4^th defendants collectively reduced their portion of liability marginally from 90% to 80%.  In view of the fact that the appeal on apportionment was only raised on appeal, the 1^st, 3^rd and 4^th defendants are entitled to 10% of their costs on this issue.  The question of offers should properly be the subject matter for the determination of the costs below. 

7.The plaintiff’s own costs to be taxed in accordance with Legal Aid Regulations.

Mr. Andy Hung, instructed by Messrs Pansy Leung Tang & Chua, assigned by the Director of Legal Aid, for the Plaintiff

Mr. Russell Coleman SC and Ms Queenie W S Ng, instructed by Messrs Gilbert Tang & Co., for the 1^st, 3^rd & 4^th Defendants

Mr. Lee Tung-ming, instructed by Messrs. Deacons, for the 2^nd Defendant