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CACV 65/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 65 OF 2008
(ON APPEAL FROM HCA NO. 1216 OF 2002)
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| BETWEEN |
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MANDECLY LIMITED
(萬達意有限公司) |
1st Plaintiff |
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CHAN TAT MAN
(陳達文) |
2nd Plaintiff |
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and |
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HAO WEI
(郝巍) |
1st Defendant |
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TOP CROWN CONSULTANTS LIMITED
(東港顧問有限公司) |
2nd Defendant |
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MANDAS REAL ESTATE LIMITED
(明達地産有限公司) |
3rd Defendant |
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Before: Hon Rogers VP, Le Pichon and Hartmann JJA in Court
Date of Written Submissions as to Costs: 9 July 2008
Date of Handing Down Ruling as to Costs: 23 September 2008
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RULING AS TO COSTS
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Hon Rogers VP:
1. By the judgment handed down on 25 June 2008, this court allowed the appeal and set aside the judgment in the court below but remitted the matter to the Court of First Instance to be heard by a different judge. There was no order nisi as to costs and the parties were requested to attempt to agree an order and make submissions as to costs.
2. This court has considered those submissions and in the light of them will make an order that the appellant should have the costs of the appeal and the question of the costs in the court below should be remitted to the judge who will hear the remitted proceedings to be decided at the same time as the new trial takes place.
Hon Le Pichon JA:
3. I agree.
Hon Hartmann JA:
4. I agree.
(Anthony Rogers)
Vice-President |
(Doreen Le Pichon)
Justice of Appeal |
(M.J. Hartmann)
Justice of Appeal |
Mr Edward Chan SC & Mr Bernard Man, instructed by Messrs Anthony Siu & Co., for the 1st & 2nd Plaintiffs/Respondents
Ms Eva Sit, instructed by Messrs Fred Kan & Co., for the 1st Defendant/Appellant
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