Chimbusco Pan Nation Petro-chemical Co Ltd v. The Owners and/or Demise Charterers of the Ship or Vessel ‘decurion’

Read the full judgment text of CACV 198/2011 on BabelCite. This Court of Appeal judgment was delivered on 29 February 2012.

1. The parties have lodged written submissions on the plaintiff’s application to vary the costs order nisi dated 31 January 2012 in respect of the costs below. We now give our decision.

Cited by 7 cases · Cites 2 cases

Case No.CACV 198/2011
Court
Court of Appeal
Date29 Feb 2012
Judge
Case Document
100%Judiciary

CACV 198/2011 & CACV 214/2011
(HEARD TOGETHER)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 198 AND 214 OF 2011

(ON APPEAL FROM HCAJ 141/2010)

____________

BETWEEN


CHIMBUSCO PAN NATION
PETRO-CHEMICAL CO LTD
Plaintiff

and
  THE OWNERS AND/OR DEMISE
CHARTERERS OF THE SHIP OR VESSEL
‘DECURION’
Defendants

____________

Before: Hon Yeung VP, Cheung and Yuen JJA in Court

Date of plaintiff’s written submission: 14 February 2012

Date of defendants’ written submission: 21 February 2012

Date of plaintiff’s written submission in reply: 22 February 2012

Date of Decision on Costs: 29 February 2012

___________________

DECISION ON COSTS

___________________

Hon Cheung JA (giving decision on costs of the Court) :

1.The parties have lodged written submissions on the plaintiff’s application to vary the costs order nisi dated 31 January 2012 in respect of the costs below. We now give our decision.

1)  In respect of the defendants’ application for extension of time to file defence, it should bear the costs of the application which was assessed by Reyes J at the gross sum of HK$1,000.

2)In respect of the plaintiff’s application for default judgment, they should bear the defendants’ costs to be taxed if not agreed.

3)The costs order nisi is varied accordingly.

(Wally Yeung) (PETER CHEUNG) (MARIA YUEN)
Vice-President Justice of Appeal Justice of Appeal

Clyde & Co., for the plaintiff

Kennedys, for the defendants