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HCA 2590/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO.2590 OF 2007
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BETWEEN
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DBS BANK (HONG KONG) LIMITED |
Plaintiff |
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(formerly known as DAO HENG BANK LIMITED) |
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and |
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YAP BOH GEE |
1st Defendant |
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TSE YUK KAU AMY |
2nd Defendant |
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also known as AMY YUK KAU YAP |
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Before: Hon Poon J in Chambers
Date of Written Submissions on Costs: 9 December 2008
Date of Decision on Costs: 17 December 2008
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DECISION ON COSTS
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1. In the decision handed down on 18 November 2008, I dismissed the plaintiff’s appeal, set aside the master’s order dated 24 September 2008 and gave the defendants unconditional leave to defend the entire claim.
2. This is my decision on costs.
3. I have already considered the parties’ submissions with care.
4. In my view, the master was entirely justified when he entered partial judgment on HK$106,500 and gave the defendants unconditional leave to defend on the remainder of the claim when the matter came before him. I will not disturb his costs order.
5. The appeal took the form of rehearing. By the time of the hearing of the appeal, the defendants had filed their defence in which the point of laches was raised for the first time. I took that into account and gave them unconditional leave to defend on that basis. Like any other case where the defendant is granted unconditional leave to defend, costs of the appeal should be in the cause. (See also Hong Kong Civil Procedure 2008, Vol. 1, para. 14/7/18 of p. 212.) And I so order, which will also include the costs on the submissions on costs.
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(J. Poon) |
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Judge of the Court of First Instance |
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High Court |
Mr Mike Lui, instructed by Messrs Siao, Wen & Leung, for the Plaintiff
Mr Willard Li, instructed by Messrs Simon S.M. Kwok & Co., for the Defendants
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