TSE HON WAI v. PO HONG SCAFFOLDING CO LTD AND OTHERS

cacv 93/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 93 of 2007

(on appeal from HCPI NO. 427 of 2006)

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J U D G M E N T

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Hon Rogers VP:

1.  This is an application to vary a costs order nisi made in the judgment handed down on 23 May this year.

2.  As has been pointed out by Mr Li who has appeared on behalf of the Respondent to this appeal, there were a number of unnecessary issues which were raised in this case which caused, first of all, an extensive Notice of Appeal.

3.  Only one issue was successful on the appeal and that could have been dealt with in a very much shorter time than the half-day which this case took.  The extra issues that were raised resulted in an extensive skeleton but there was also a massive bundle of authorities which were, in any event, not necessary.  The authorities were only cited for the facts which were derived from the cases.  As this Court has made clear on many occasions, cases should not be cited for the facts but simply for the propositions of law which are contained therein.  This bundle of authorities itself is a massive thing and was a complete waste of paper and should never have been put in.

4.  Having considered the matter, we consider that it would be preferable not to have two taxations - in other words, to tax the Appellants’ and the Respondents’ costs - but simply have one taxation.

5.  In those circumstances, we consider that the Appellant, the Plaintiff, should have two-thirds of their costs on this appeal and we will vary the order accordingly.