|
FACV No. 1 of 2005
IN THE COURT OF FINAL APPEAL
OF THE
HONG KONG SPECIAL
ADMINISTRATIVE REGION
FINAL APPEAL NO. 1 OF 2005
(CIVIL)
(ON APPEAL FROM CACV NO. 251 OF 2003)
_____________________
Between:
| |
HO CHOI WAN |
Appellant |
| |
and |
|
| |
HONG KONG HOUSING AUTHORITY |
Respondent |
_____________________
Court: Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Lord Millett NPJ
Date of Judgment: 5 January 2006
_____________________
JUDGMENT
ON COSTS
_____________________
Chief Justice Li:
1.
In
its judgment of 21 November 2005, the Court (with Mr Justice Bokhary PJ
dissenting) dismissed the appeal and made an order nisi for costs in favour of
the Authority. Written submissions
on costs have been lodged by the parties.
The appellant submits that there should be no order as to costs, whilst
the Authority maintains that costs should follow the event and that the order
nisi should be made absolute.
2.
Having considered the submissions and having regard to the public
interest in the issues involved in the present case, the Court varies the order
nisi to an order that each party will bear its or her own costs on appeal and
in the courts below. An order has
already been made that the appellant’s costs be taxed in accordance with the
Legal Aid Regulations.
|
(Andrew Li)
Chief Justice
|
(Kemal Bokhary)
Permanent Judge
|
(Patrick Chan)
Permanent Judge
|
|
(R.A.V. Ribeiro)
Permanent Judge
|
(Lord Millett)
Non-Permanent Judge
|
Written submissions from Messrs Ho, Tse, Wai & Partners for the appellant
Written submissions from Messrs Simmons & Simmons for the respondent
|