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HCAL 61/2003
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO. 61 OF 2003
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BETWEEN
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ANDERSON ASPHALT LIMITED, |
Applicants |
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ASPHALT SURFACES (INT’L) LIMITED, |
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PIONEER ASPHALTS (HONG KONG) LIMITED |
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TARMAC ASPHALT HONG KONG LIMITED |
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and |
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TOWN PLANNING BOARD |
1st Respondent |
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MAN FAI TAI ENTERPRISE LIMITED
trading as MAN WAH COMPANY
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2nd Respondent |
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Before: Hon Chung J in Chambers
Date of Hearing: 1 June 2006
Date of Decision: 1 June 2006
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DECISION ON COSTS
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1. In exercising my discretion as to the costs of this judicial review application, I consider it proper to take into account the observations made by the Court of Appeal in Shiu Wing Steel Ltd v Director of Environmental Protection and Another, CACV 350/2003 (18 March 2005), especially at paragraph 158(1) to (3).
2. With those matters in mind, I do not find that this judicial review application was one where there was a separate issue on which the 2nd Respondent was entitled to be heard, or that there was an interest which justifies separate representation.
3. Accordingly, there will be an order in terms of paragraph 1 of the applicants’ summons dated 3 April 2006.
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(Andrew Chung)
Judge of the Court of First Instance
High Court |
Mr Anthony Ismail, instructed by Messrs Johnson, Stokes & Master, for the Applicants
Not appearing of Secretary for Justice for the 1st Respondent
Mr Alfred H H Chan, instructed by Messrs Fred Kan & Co., for the 2nd Respondent
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