CACV 150/2000 & CACV 243/2000
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEALS NOS. 150 & 243 OF 2000
(ON APPEAL FROM HCCL 229 OF 1999)
Coram: Hon Mayo VP, Wong JA and Woo JA in Court
Date of Hearing: 11 May 2001
Date of Judgment: 11 May 2001
J U D G M E N T
Hon Mayo VP (giving the judgment of the Court):
1. No specific ground of appeal was directed towards the question of the peremptory costs order made by the Judge. Even if it had beenthere was sufficient material before the Judge to exercise the discretion as he did. In particular was the fact that the applicationwas mounted at such an early stage in the litigation. This was long before discovery.
2. We see no merit in the submission that a consequence of the order made by us may lead to overcompensation of the plaintiff. The courseof the litigation is uncertain and we are not in a position to make an order which might reflect this very uncertain eventuality.This being the case we do not see any justification in modifying the order nisi which we make. The summons is dismissed with coststo the plaintiff.
Mr Paul Shieh, instructed by Messrs Herbert Smith, for the plaintiff
Mr Barrie Barlow, instructed by Messrs Denton Wilde Sapte, for the defendant