MEDITERRANEAN SHIPPING CO (HK) LTD. v. TEXWAY INDUSTRIES LTD. AND ANOTHER

HCA1220/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1220 OF 2002

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J U D G M E N T

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1. In this matter, for reasons I set out in my judgment, I restricted the costs orders that might otherwise have been made, limiting the order to costs on the writ. The key date in relation to costs is 23 August. On that date, the defendants, having been informed of the new tenancy, must have had all of their concerns satisfied, that is why the matter ought not to have proceeded beyond that date. Costs ought not to have been an issue because at that date both defendants properly, as they should have, acknowledging liability, ought to have been willing to pay costs to that date, but they did not adopt that position. They came before me and argued that in fact the writ was totally misconceived and that there was no cause of action. In that they failed, and for that reason, summary judgment was entered for the plaintiff against both defendants.

2. Mr Chain has satisfied me that in the context of those facts he, accepting that my concern in respect of costs is a legitimate concern, should still have costs. I am satisfied that he is right. There will be an order for costs against the 1st defendant to 23 August, and against the 2nd defendant to today. That is an order absolute.