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)
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
JUDGMENT ON COSTS
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.
Written submissions from Messrs Ho, Tse, Wai & Partners for the appellant
Written submissions from Messrs Simmons & Simmons for the respondent