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CAMP 216/2020 & CACV 421/2021
[2021] HKCA 1670
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO. 216 OF 2020
(ON AN INTENDED APPEAL FROM HCA NO. 2650 OF 2017)
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RE:
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XU YING
(徐鷹) |
Plaintiff |
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and |
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XU WEIHONG
(許偉紅) |
Defendant |
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CACV 421/2021
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 421 OF 2021
(ON APPEAL FROM HCA NO. 2650 OF 2017)
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BETWEEN
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XU YING
(徐鷹) |
Plaintiff |
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and |
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XU WEIHONG
(許偉紅) |
Defendant |
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Before: Hon Cheung and G Lam JJA in Court
Date of Decision: 9 November 2021
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DECISION ON COSTS
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Hon Cheung JA (giving the Decision of the Court) :
1. The defendant’s application to vary the costs order nisi is dismissed with costs to the plaintiff. We do not consider that the plaintiff’s failure on the malicious falsehood point is so separate and substantial as to detract from the fact that he is the winner overall or to call for a reduction of the costs awarded to him by 50% or indeed by any other significant proportion.
| (Peter Cheung) |
(Godfrey Lam) |
| Justice of Appeal |
Justice of Appeal |
Ms Teresa Wu and Ms Stephanie Hung, instructed by P C Woo & Co, for the Plaintiff
Mr Victor Dawes SC leading Mr Peter Dong, instructed by Iu, Lai & Li, for the Defendant
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