JIKAN DEVELOPMENT LTD AND ANOTHER v. THE INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE

FACV Nos. 2 & 3 of 2003

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NOS. 2 and 3 OF 2003 (CIVIL)

(ON APPEAL FROM CACV NOS. 381 and 503 OF 2001)

_________________

____________________

________________________

JUDGMENT ON COSTS

________________________

Mr Justice Bokhary PJ:

1. On 6 November 2003 the Court dismissed these appeals and made an order nisi that the respondent's costs thereof be paid by the appellants. The Court directed that any application for some other order as to costs would be dealt with upon written submissions. No such application has been made by the 2nd appellant, but the 1st appellant has filed a written submission by which it seeks some other order as to costs. That written submission sets out a number of arguments and concludes as follows:

"Accordingly, the orders on costs awarded by the courts below ought to be quashed. On a half-half basis, the costs incurred by the parties at the final hearing ought also to be equated to zero and no order as to costs for the hearing on the 15th, 16th and 17th October, 2003 ought to be awarded."

2. The respondent has responded by way of a brief written submission to the effect that the costs of these appeals should follow the event.

3. We do not propose to rehearse the arguments contained in the 1st appellant's written submission. Suffice it to say that they do not persuade us that any other order should be made. The order nisi is made absolute. We also order that the 1st appellant pay the respondent's costs of its written submission opposing some other order as to costs.