XCHRX GOLDEN HARVEST (HK) LTD. v. TSUI MAN KWONG AND ANOTHER

HCA 16220/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 16220 OF 1998

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RULING ON COSTS

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1. I have considered the various submissions made to me. It seems to me that an offer was made to dispose of the appeal by the Defendants' solicitors' letter of 8 January 2000. That gave the Plaintiff's solicitors time to respond by noon on 10 January 2000. It seems to me that that offer should have been accepted and the appeal would have been unnecessary. However, that was not accepted and the appeal was argued and disposed of yesterday.

2. It seems to me that the order for costs that I should make is that the costs of and occasioned by the amendment to the Notice of Appeal be to the Defendants in any event. There were no extra costs incurred in the application for extension of time to issue the notice of appeal and I make no special order as regards those costs. Costs of the appeal before noon on 10 January 2000 should be borne by the Defendants and the costs of the appeal after noon on 10 January 2000 should be borne by the Plaintiff.

3. I do not think the arguments in the appeal were such as to be necessary to instruct counsel and I do not certify the appeal hearing as fit for counsel.

4. As for the security for the costs of the appeal in the hearing before me on 6 January 2000, for the avoidance of doubt, I would say that the Plaintiff is entitled to those costs. All the orders for costs are to be in any event.