SUPER TECHNOLOGY LTD v. WAH SHING TOYS CO LTD AND ANOTHER

HCA1541/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.1541 OF 2004

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R U L I N G  O N  C O S T S

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1. In my judgment dated 24 August 2004, I made a costs order nisi in favour of the plaintiff.  Since then, I have received submissions on costs from the plaintiff and not the defendants.

2. Having regard to the submissions, I make an order in favour of the plaintiff in respect of the costs of the action for the return of the moulds incurred up to the date of the judgment including the plaintiff’s application under Order 29, rule 6 by summons dated 9 July 2004 as well as all costs reserved.  I award the plaintiff the costs of the action because the moulds returned amounted to 99% in value of the moulds claimed.  The moulds not yet returned are insignificant.  Indeed, the plaintiff has indicated that it might not bother to pursue them.