Read the full judgment text of CACV 177/2013 on BabelCite. This Court of Appeal judgment was delivered on 4 March 2015 before Cheung JA, Yuen JA, Chu JA.
Civil procedure – costs – variation of costs order – whether costs should be allocated issue by issue – Court of Appeal allowing plaintiffs' appeal and ordering plaintiffs entitled to half of costs of appeal and below on provisional basis – defendant applying to vary on basis that plaintiffs succeeded on only two of seven issues, seeking 75% (reduced to 60% after set-off) of costs in his favour – Court of Final Appeal in Cathay Pacific Airways Ltd v Kwan Siu Wa Becky & Others directing that where discrete issues are raised, the court examines success on those issues as a starting point but then takes an overall view of the matter without minute examination of each issue and sub-issue – ancestral worship trust – account of income from Land – adverse possession – counterclaim – Court of Appeal dismissing defendant's application to vary costs order and maintaining plaintiffs' entitlement to half of the costs of the appeal and below – costs of the application to the plaintiffs.
Legal issues: Variation of costs order based on success on discrete issues
Outcome: Defendant's application to vary the costs order is dismissed; the plaintiffs remain entitled to half of the costs of the appeal and below.
Cited by 3 cases · Cites 1 case