HO CHOI WAN v. HONG KONG HOUSING AUTHORITY

FACV No. 1 of 2005

IN THE COURT OF FINAL APPEALOF THE

HONG KONG SPECIALADMINISTRATIVE REGION

FINAL APPEAL NO. 1 OF 2005(CIVIL)

(ON APPEAL FROM CACV NO. 251 OF 2003)

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Between:

HO CHOI WAN Appellant
and
HONG KONG HOUSING AUTHORITY Respondent

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Court: Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Lord Millett NPJ

Date of Judgment: 5 January 2006

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JUDGMENT ON COSTS

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Chief Justice Li:

1. Inits judgment of 21 November 2005, the Court (with Mr Justice Bokhary PJdissenting) dismissed the appeal and made an order nisifor costs in favour ofthe Authority. Written submissionson costs have been lodged by the parties. The appellant submits thatthere should be no order as to costs, whilstthe Authority maintains that costs should follow the event and that the ordernisi shouldbe made absolute.

2. Having considered the submissions and having regard to the publicinterest in the issues involved in the present case, the Courtvaries the ordernisi to an order that each party will bear its or her own costs on appeal andin the courts below. An order hasalready been made that the appellant’s costs be taxed in accordance with theLegal Aid Regulations.

(Andrew Li)
Chief Justice

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(R.A.V. Ribeiro)
Permanent Judge

(Lord Millett)
Non-Permanent Judge

Written submissions from Messrs Ho, Tse, Wai & Partners for the appellant

Written submissions from Messrs Simmons & Simmons for the respondent