CHAN SIK PAN v. WYLAM’S SERVICE LTD. & ANOTHER

FACV000004A/2001

FACV Nos 4 and 5 of 2001
(Consolidated)

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 4 OF 2001 (CIVIL)

(ON APPEAL FROM CACV NO. 108 OF 2000)

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Between:
CHAN SIK PAN Appellant
AND
WYLAM’S SERVICES LIMITED 1st Respondent
YU CHI KONG 2nd Respondent

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FINAL APPEAL NO. 5 OF 2001 (CIVIL)

(ON APPEAL FROM CACV NO. 108 OF 2000)

_____________________

Between:
YU CHI KONG Appellant
AND
CHAN SIK PAN 1st Respondent
WYLAM’S SERVICES LIMITED 2nd Respondent
LEUNG KWOK CHAU 3rd Respondent

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Coram: Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Sir Thomas Eichelbaum NPJ

Date of Judgment: 29 October 2001

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JUDGMENT ON COSTS

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The Chief Justice:

1. We have received a written submission from Wylam’s Services Ltd applying for an order as to costs different from the order nisi whichwe made. It says that because Mr Chan did not succeed in persuading us to reinstate the judgment at first instance and because MrYu abandoned his estoppel argument at the last minute, they should between them bear 50% of its costs of the appeal to this Court.No other party seeks any order as to costs other than that order nisi.

2. Having considered Wylam’s Services Ltd’s written submission, and without any need to hear from the other parties, we reject Wylam’sServices Ltd’s application. All things considered, it seems to us that justice is best served by an order that the costs here andbelow be in the cause of the new trial. Accordingly the order nisi is made absolute.

(Andrew Li) (Kemal Bokhary) (Patrick Chan)
Chief Justice Permanent Judge Permanent Judge

(R A V Ribeiro) (Sir Thomas Eichelbaum)
Permanent Judge Non-Permanent Judge

Representation:

Mr Patrick Fung SC and Mr Tim Kwok (instructed by Messrs Clarke & Kong and assigned by Legal Aid Department) for Mr Chan Sik Pan(the appellant in FACV No. 4 of 2001 and the 1st respondent in FACV No. 5 of 2001)

Mr Ruy Barretto SC and Mr Alan Ng (instructed by Messrs Charles Yeung, Clement Lam, Liu & Yip) for Wylam’s Services Ltd (the 1strespondent in FACV No. 4 of 2001 and the 2nd respondent in FACV No. 5 of 2001)

Mr Mohan Bharwaney (instructed by Messrs K.F. Wong & Co. and assigned by the Legal Aid Department) for Mr Yu Chi Kong (the 2ndrespondent in FACV No. 4 of 2001 and the appellant in FACV No. 5 of 2001)

Mr Leung Kwok Chau (the 3rd respondent in FACV No. 5 of 2001) in person