IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 1120 OF 2000
(ON APPEAL FROM HCCT NO. 40 OF 1999)
Coram: Hon Rogers VP, Le Pichon JA and Ma J in Court
Date of Hearing: 12-13 March 2002
Date of Judgment: 17 April 2002
Date of Addendum to Judgment: 29 April 2002
ADDENDUM TO JUDGMENT
Hon Le Pichon JA:
1. In the judgment handed down on 17 April 2002, two matters had been overlooked. First, the judge had given judgment in favour of WoHing in the sum of $4,783,102 which comprised of two separate amounts one of which was the sum of $717,688. The appeal was againstthe aggregate sum awarded. By the time of the appeal, Tyco had abandoned its appeal in relation to the award of $717,688. The judgmentof 17 April dealt only with the amount involved in the substantive appeal. Accordingly, the judge’s order in relation to this sumof $717,688 together with interest at prime rate plus 1% from 24 April 1999 until full payment should stand.
2. Second, the costs order made on 17 April 2002 did not specifically deal with the costs order made by the judge below. Since Wo Hinghas succeeded in its appeal, it should also be entitled to the costs below.
Hon Ma J:
3. I agree.
Hon Rogers VP:
4. I agree. The order on the appeal will therefore include the matters referred to herein.
Mr Peter Graham, instructed by Messrs Deacons, for the Plaintiff/Respondent
Mr Peter Clayton, instructed by Messrs Denton Wilde Sapte, for the Defendant/Appellant