IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NOS. 281, 282, 283, 287, 288, 289, 290,
(ON APPEAL FROM HCMP 114 OF 1998)
Coram : Godfrey, Mayo & Rogers, JJ.A.
Date of Hearing : 27 September 1999
Date of Judgment on costs : 27 September 1999
JUDGMENT ON COSTS
Godfrey, J.A. :
1. Miss Gladys Li, S.C., for the Hong Kong Housing Authority, has applied for an order for costs against the appellants, reminding us,correctly, that, as a general rule, costs follow the event and that, here, the event is that the appellants have failed and the HongKong Housing Authority has succeeded.
2. But, in our opinion, the extraordinary nature of this highly unusual case dictates a different conclusion. It seems to us that theacquiescence of the Hong Kong Housing Authority in the course taken by the judge below at various stages of the proceedings beforehim, and the failure of the Hong Kong Housing Authority to appeal against his original judgment, might fairly be considered to haveencouraged the present appeals. The success of the Hong Kong Housing Authority is solely due to the view this court took of the judge’soriginal judgment. Its success has been achieved despite, and not because, of its own arguments. The course the Hong Kong HousingAuthority has adopted in relation to these appeals has not recommended itself to this court. In these quite exceptional circumstances,we consider it proper to make no order as to the Hong Kong Housing Authority’s costs of these appeals.
Mr. Ben Beaumont & Mr. Sher Hon Piu (M/s. Fred Kan & Co.) for the Applicants (Appellants) in all appeals except CACV 282/98
Applicant (Appellant) in CACV 282/98, Mr. Billy Yeung Bee Lee in person
Miss Gladys Li, S.C. & Mr. Peter Ng (M/s. Simmons & Simmons) for the Respondent (Respondent) in all appeals