HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER

CACV 190/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 190 OF 2012

(ON APPEAL FROM HCA NO. 480 of 2009)

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BETWEEN

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JUDGMENT ON COSTS

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Hon Cheung JA (giving Judgment of the Court) :

1.  The 2^nd defendant which is represented by Leung and Lau has chosen not to lodge written submissions.

I.  Costs between the plaintiff and the 1^st defendant

2.  As the 1^st defendant is successful in its appeal it is entitled to the costs of the appeal and below.  The plaintiff is to pay the costs of the 1^st defendant to be taxed if not agreed.

3.  It is reasonable and proper for the plaintiff to sue the 1^st defendant and the 2^nd defendant in the alternative.  In fact it would have been ill advised not to join and sue the 2^nd defendant at the same time.  The plaintiff is entitled to seek repayment of the costs from the 2^nd defendant by way of a Bullock Order.

II.  Costs between the plaintiff and the 2^nd defendant

4.  As judgment is now entered against the 2^nd defendant in favour of the plaintiff, the 2^nd defendant is to pay the plaintiff’s costs, to be taxed if not agreed, of the appeal (including the Respondent’s Notice and Notice of Appeal) and below (including all such costs of and occasioned by or incurred as a result of the joinder of the 1^st defendant).

III.    Costs of Contribution Notice between the 1^st and 2^nd defendants

5.  The 1^st defendant is to have the costs of the Contribution Notice against the 2^nd defendant, to be taxed if not agreed.