XCHRX IP WING KIN v. NEXT MAGAZING PUBLISHING LTD. AND OTHERS

HCA 12443/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 12443 OF 1999

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DECISION ON COSTS

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1. The Plaintiff is a practising dermatologist and brings this action against the Defendants in libel. On 20 November 1999, the Plaintiff took out a summons asking for parts of the Defence to be struck out. The Master dismissed that summons on 2 February 2000. The Plaintiff lodged a Notice of Appeal on 3 February 2000 seeking to reverse that order. The appeal was heard on 31 July 2000 and, in a written Judgment dated 11 August 2000, the Plaintiff's appeal was partly allowed and partly dismissed.

2. Today's hearing is for submissions to be made on the question of costs of the Plaintiff's summons and of the appeal.

3. A number of costs orders can be considered in a situation like this including the following:-

(a) a costs order to reflect the respective degree to which the parties have been successful in the outcome of the appeal;

(b) separate costs orders regarding the various issues raised at the appeal (and the hearing before the Master);

(c) each party to pay its (their) own costs;

(d) no order as to costs;

(e) costs in the cause of the action.

4. There is no need to go into the details save to say that, having taken into account the whole circumstance, I consider the parties to be equally successful (and equally unsuccessful) in the appeal (and in the Plaintiff's said application). The most appropriate course to take regarding costs is to make no order as to costs as regards both the appeal and the application before the Master.