Ku Chia-chun and Others v. Ting Lei Miao and Others
Read the full judgment text of CACV 178/1997 on BabelCite. This Court of Appeal judgment was delivered on 14 May 1999 before Mortimer V-P, Godfrey JA, Rogers JA.
1. Mr Benjamin Yu SC, for the trustees, submits that he should be entitled to his costs below because it is clear that on each of the two preliminary issues, the majority of this Court would have held that he was wrong even if there had not been a resumption of sovereignty. Also each member of this Court would have decided against him on the second issue
Legal issues: Costs of preliminary issues and appeal
Outcome: Trustees awarded costs below and of the appeal.
Cited by 2 cases · Cites 1 case
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CACV000178A/1997 CACV178/1997 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 178 OF 1997 (ON APPEAL FROM HCA 5805 of 1991)
------------------------------------- Coram: Hon Mortimer V-P, Godfrey and Rogers JJA in Court Dates of Hearing: 14 May 1999 Date of Decision: 14 May 1999 ---------------------- D E C I S I O N ---------------------- Mortimer V-P (giving the decision of the Court) : The trustees in this action applied for their costs here and below on these two preliminary issues they lost below in front of P. Chan J (as he then was) but his judgment before the hand-over was reversed by the majority of this Court. 1. Mr Benjamin Yu SC, for the trustees, submits that he should be entitled to his costs below because it is clear that on each of the two preliminary issues, the majority of this Court would have held that he was wrong even if there had not been a resumption of sovereignty. Also each member of this Court would have decided against him on the second issue 2. Although the circumstances had changed, we accept the submissions and it seems to us that the trustees should have their costs below. They should also have their costs of the appeal. 3. That is the order we make.
Representation: Mr Benjamin Yu, SC (M/s Lau, Chan & Ko) for Applicants (Appellants) Mr E. Lai (M/s Philip Pang & Co.) for the Plaintiff (1st Respondent) - as a watching brief Mr Kenneth Chan (M/s Hau, Lau, Li & Yeung) for 1st and 2nd Defendants (2nd & 3rd Respondents) |
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