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CACV000178A/1997
CACV178/1997
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 178 OF 1997
(ON APPEAL FROM HCA 5805 of 1991)
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TING LEI MIAO |
Plaintiff
(1st Respondent) |
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AND |
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CHEN LI-HUNG
Alias CHAN CHEN LI-HUNG |
1st Defendant
(2nd Respondent) |
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CHAN KAI-YUNG |
2nd Defendant
(3rd Respondent) |
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and |
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(1) KU CHIA-CHUN |
Applicants |
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(2) YEH DAH-IN |
(Appellants) |
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(3) CHEN CHIN-LUNG |
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(4) LIOU CHIH-POUNG |
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Coram: Hon Mortimer V-P, Godfrey and Rogers JJA in Court
Dates of Hearing: 14 May 1999
Date of Decision: 14 May 1999
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D E C I S I O N
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Mortimer V-P (giving the decision of the Court) : The trustees in this action applied for their costs here and below on these two preliminary issues they lost below in front of P. Chan J (as he then was) but his judgment before the hand-over was reversed by the majority of this Court.
1. Mr Benjamin Yu SC, for the trustees, submits that he should be entitled to his costs below because it is clear that on each of the two preliminary issues, the majority of this Court would have held that he was wrong even if there had not been a resumption of sovereignty. Also each member of this Court would have decided against him on the second issue
2. Although the circumstances had changed, we accept the submissions and it seems to us that the trustees should have their costs below. They should also have their costs of the appeal.
3. That is the order we make.
| (Barry Mortimer) |
(Gerald Godfrey) |
(Anthony Rogers) |
| Vice President |
Justice of Appeal |
Justice of Appeal |
Representation:
Mr Benjamin Yu, SC (M/s Lau, Chan & Ko) for Applicants (Appellants)
Mr E. Lai (M/s Philip Pang & Co.) for the Plaintiff (1st Respondent) - as a watching brief
Mr Kenneth Chan (M/s Hau, Lau, Li & Yeung) for 1st and 2nd Defendants (2nd & 3rd Respondents)
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