METRO CITY MANAGEMENT LTD v. TSUI FEE HUNG VINCENT AND ANOTHER

CACV328/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 328 OF 2005

(ON APPEAL FROM HCA NO. 4327 OF 2003)

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RULING ON COSTS

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1.  Following the delivery of judgment in this matter on 6 June 2006, the defendants submitted two letters indicating an intention to apply to vary the costs order nisi.  This court then indicated that in order to save time and costs, it would be prepared consider the application to vary the costs order on the basis of written submissions.  Both parties agreed to that and following a letter from the plaintiff’s solicitors dated 13 July 2006 directions were given that submissions should be filed by 31 July 2006.

2.  Having considered the written submissions and taking into account the issues involved and argued on the appeal and the success and failure of each party in respect of those issues, we consider that the fair order to make in the circumstances is that the plaintiff should have two thirds of its costs on this appeal.