IN RE KANSA GENERAL INTERNATIONAL INSURANCE CO. LTD. (IN COMPULSORY LIQUIDATION)

HCMP 1096/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1096 OF 1999

(ON APPEAL FROM HCMP NO. 2159 & 4691 OF 1998)

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J U D G M E N T

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Liu, JA:

1. This application is all about obtaining leave to have a matter on costs further tested in the Court of Appeal. The applicants are the joint liquidators. The judge ordered taxation of costs claimed by the applicants. The question of costs and/or the taxation thereof which was canvassed before the judge involved "lack of jurisdiction to impose on the joint liquidators an alleged novel mode of taxation" inconsistent with the existing regime or usual practice for costs in proceedings of this nature. There is also an assertion of denial of the rights under the Rules of Natural Justice in the course of the hearing and in matters said to have been unilaterally decided in the determination. In addition, the judge is said to have entertained misconceived notions. All these and incidental issues ought to be re-visited in the Court of Appeal for the benefit of the joint liquidators if not also for the guidance of the professions in this somewhat specialised field in which, apparently, the judge and the joint liquidators as professionals do not see one and other eye to eye. An application was made to a Justice of Appeal for leave to appeal and it was refused, as I understand it, without reasons.

2. We have perused all the papers that need to be read. We find it impossible not to accede to the application. This court orders: leave to appeal granted; costs reserved for the Court of Appeal in the appeal.