PCCW-HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.

CACV000150B/2000

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)

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BETWEEN
PCCW-HKT INTERNATIONAL LIMITED Plaintiff
(formerly known as CABLE & WIRELESS HKT INTERNATIONAL LIMITED)
(formerly known as HONG KONG TELECOM INTERNATIONAL LIMITED)
AND
NEW WORLD TELEPHONE LIMITED Defendant

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Coram: Hon Mayo VP, Wong JA and Woo JA in Court

Date of Hearing: 11 May 2001

Date of Judgment: 11 May 2001

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J U D G M E N T

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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.

(Simon Mayo) (Michael Wong) (K.H. Woo)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr Paul Shieh, instructed by Messrs Herbert Smith, for the plaintiff

Mr Barrie Barlow, instructed by Messrs Denton Wilde Sapte, for the defendant