JAW SIU WAH t/a WILLIAM TRADING CO v. KOWLOON CANTON RAILWAY CORPORATION

DCCJ3054/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3054 OF 2002

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R U L I N G

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1. Mr Yip, in a series of brave submissions, has sought to persuade me that I ought to depart from the usual order on costs which appears in Order 62 of the Rules of the District Court, and what he suggests are that two of the three exceptions which would, or might, at least, persuade a judge to take another course, are present: firstly, that the defendant has brought about the litigation or has done some wrongful act in the course of the transaction of which the plaintiff complains.

2. I have listened to those submissions with great interest, but at the end of the day, what he is inviting me to do is to, in effect, reverse the whole thrust of my judgment; and clearly that is not a course that appeals to me at all.

3. This is a case where the plaintiff has taken his chance and he has, in my view, very clearly failed. So far as the counterclaim is concerned, it was always open to the plaintiff to protect himself with a payment into court; he has not done so.

4. In such circumstances, I feel constrained to confirm my order for costs with, I think, the inevitable consequence that the costs of today should also go to the defendant, although I will hear Mr Yip on that. No; very well, thank you.