IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 80 OF 1999
(ON APPEAL FROM HCA 11299 OF 1997)
Coram: Hon. Nazareth, V.-P. and Mayo, J.A. in Court
Date of hearing: 27 July 1999
Date of delivery of decision: 27 July 1999
D E C I S I O N
Mayo J.A. (giving the decision of the Court):
1. In our order nisi we did not state either that the costs should be paid forthwith or that they should be paid in any event. Therewas accordingly a lack of clarity. Both parties accept that the usual rule under Order 62 rule 4 is that interlocutory costs aretaxed and paid at the conclusion of the litigation and that the usual words used to achieve this is costs to the party in any event.
2. Mr. Westbrook advances four grounds to justify a departure from the usual practice.
3. We do not consider that any of these matters constitutes a sufficient ground to justify us in departing from the usual practice.Accordingly we add the words “in any event” to the order nisi we made.
Mr. Simon Westbrook instructed by M/S Beiten Burkhardt Mittl & Wegener for Plaintiffs
Mr. Paul Carolan instructed by M/S Stevenson, Wong & Lai for 3rd Defendant