SHENZHEN UNIVERSAL ENTERPRISES INDUSTRY AND TRADE CO SUPPLIES AND SALES TRADE DEPARTMENT v. WEI BUN TRADING CO LTD AND OTHERS

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J U D G M E N T

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Hunter, J.A. :

1. This started as an application by the defendants to discharge an order made by this Court on the hearing of an appeal on 16th November 1988 on the basis that the plaintiff "failed to honour its undertaken gave (sic) to the Court of Appeal on 6th November". The application was totally insufficient in form because it did not specify what the undertaking was that had been broken or the breach alleged. That only emerged in a supporting affidavit that was filed some days later.

2. It is unnecessary to go into merits because the application was withdrawn at the outset of the hearing. The only issue which has been argued before us is the costs of the application. On that we say no more for this. The application has wholly failed. We can see no reason at all to depart from the ordinary rule as to costs, that when an application of this nature is launched and fails the applicant pays the costs. We can also see no basis for making any Special or penal order as to costs in the circumstances of this case. So the Court's order is that the application is withdrawn, and the applicant respondents are ordered to pay the plaintiff's costs to be taxed if not agreed.