WONG PING CHUN v. GIANT KING CORPORATION LTD

DCCJ 4020/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 4020 OF 2012

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REASONS FOR DECISION

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1.  After trial that took place on 19 to 25 January and 25 February 2016, I gave judgment on 16 March 2016 (“the Judgment”) for the plaintiff against the defendant. I also made a costs order nisi that the defendant shall pay the plaintiff’s costs of the whole action.

2.  The defendant took out the present application by way of summons dated 29 March 2016 under O 42 r 5B(3) RDC for an order that the costs order nisi shall not become absolute pending the outcome of the defendant’s intended appeal against the Judgment on quantum.

3.  In accordance with O 42 r 5B(3) RDC, the costs order nisi shall become absolute 14 days after the date of the Judgment unless an application has been made to vary that order.

4.  This is not an application for variation of the costs order nisi.

5.  The fact that there is a pending or intended appeal is not sufficient reason for a stay of the costs order nisi or for an order that it shall not become absolute pending the outcome of the appeal. An appeal against the costs order that has become absolute should be canvassed in the main appeal. Reference is made to the judgment of the Court of Appeal in Rhonda Jeanine Pohn (Suing Personally And In Her Capacity As The Special Administrator Of The Estate Of Maxwell Pohn, Deceased) v Mac Richard Pohn And Others HCMP 3439 of 2015.

6.  There is no legal basis for the defendant’s application, which I refuse.

7.  I dismiss the defendant’s summons with costs, summarily assessed at $8,000, to be paid by the defendant to the plaintiff forthwith.