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CACV 198/2011 & CACV 214/2011
(HEARD TOGETHER)
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 198 AND 214 OF 2011
(ON APPEAL FROM HCAJ 141/2010)
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BETWEEN
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CHIMBUSCO PAN NATION
PETRO-CHEMICAL CO LTD
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Plaintiff |
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and |
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THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL ‘DECURION’ |
Defendants |
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Before: Hon Yeung VP, Cheung and Yuen JJA in Court
Date of plaintiff’s written submission: 14 February 2012
Date of defendants’ written submission: 21 February 2012
Date of plaintiff’s written submission in reply: 22 February 2012
Date of Decision on Costs: 29 February 2012
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DECISION ON COSTS
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Hon Cheung JA (giving decision on costs of the Court) :
1. The parties have lodged written submissions on the plaintiff’s application to vary the costs order nisi dated 31 January 2012 in respect of the costs below. We now give our decision.
1) In respect of the defendants’ application for extension of time to file defence, it should bear the costs of the application which was assessed by Reyes J at the gross sum of HK$1,000.
2) In respect of the plaintiff’s application for default judgment, they should bear the defendants’ costs to be taxed if not agreed.
3) The costs order nisi is varied accordingly.
| (Wally Yeung) |
(PETER CHEUNG) |
(MARIA YUEN) |
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Vice-President |
Justice of Appeal |
Justice of Appeal |
Clyde & Co., for the plaintiff
Kennedys, for the defendants
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