IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 133 OF 2006
(ON APPEAL FROM DCCJ NO. 586 OF 2006)
Before : Hon Rogers VP and Le Pichon JA
Date of Handing Down Ruling : 11 August 2006
RULING ON COSTS
1. Following the delivery of judgment in this matter on 28 April 2006, the defendant raised the matter of two costs orders made inthe court below on 29 March 2006. The plaintiffs subsequently indicated that they would be prepared to accept that those ordersshould be varied to defendant’s costs in the cause. Subsequently, at the invitation of the court, both parties indicated in writingthat they agreed that that matter of costs should be dealt with by written submissions.
2. Having considered the written submissions, we are of the view that the correct order in respect of the two orders made on 29 March2006 should be that they should be varied to defendant’s costs in the cause. In our view, the substance of the applications heardon 29 March 2006 was to give further directions in respect of the order dated 22 March 2006. Since that order has been varied todefendant’s costs in the cause it would appear appropriate to vary these costs orders likewise.
Written submissions on costs by Messrs Holman, Fenwick & Willan, for the Plaintiffs/Respondents
Written submissions on costs by Messrs Clyde & Co., for the Defendant/Appellant