DIRECTOR OF LANDS v. PENNY’S BAY INVESTMENT CO LTD

DIRECTOR OF LANDS v. PENNY’S BAY INVESTMENT CO LTD

The Court applied the principle that costs follow the event, made absolute its order nisi in respect of the substantive final appeals, directed PBIC to pay the Director's costs of the substantive appeals including specified leave applications, ordered PBIC to pay 50% of the Director's costs in the Court of Appeal...

Source-derived case information.

Citation
DIRECTOR OF LANDS v. PENNY’S BAY INVESTMENT CO LTD
Parties
Applicant (appellant in FACV 1/2017; Respondent in FACV 2 9/2017): PENNY'S BAY INVESTMENT COMPANY LIMITED; Respondent (respondent in FACV 1/2017; Appellant in FACV 2 9/2017): DIRECTOR OF LANDS
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
27 December 2017
Case Number
FACV3/2017
Procedural Posture
Final Appeal (civil) / Judgment on Costs Following Disposal of Final Appeals
Outcome
Order nisi made absolute; PBIC ordered to pay specified costs to the Director; PBIC ordered to pay 50% of Director's costs in Court of Appeal and ancillary matters; PBIC to pay costs of written submissions on costs.
Legal Topics
Compensation for Extinguishment of Rights, After‑valuation, Costs Orders, Leave to Appeal
Source Language
en
Land Law Civil Procedure Costs Appeal Compensation for Extinguishment of Rights After‑valuation Costs Orders Leave to Appeal

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Parties

PENNY'S BAY INVESTMENT COMPANY LIMITED

Applicant (appellant in FACV 1/2017; Respondent in FACV 2 9/2017)

DIRECTOR OF LANDS

Respondent (respondent in FACV 1/2017; Appellant in FACV 2 9/2017)

Procedural Posture

Final Appeal (civil) / Judgment on Costs Following Disposal of Final Appeals

Legal Issues

  1. 1 Whether costs of the substantive appeals should follow the event and the order nisi be made absolute
  2. 2 Whether costs of applications to the Appeal Committee for leave to appeal should be payable by PBIC
  3. 3 Whether PBIC should be ordered to pay a proportion (50%) of the Director's costs in the Court of Appeal and ancillary proceedings

Ratio Decidendi

The Court applied the principle that costs follow the event, made absolute its order nisi in respect of the substantive final appeals, directed PBIC to pay the Director's costs of the substantive appeals including specified leave applications, ordered PBIC to pay 50% of the Director's costs in the Court of Appeal (including specified ancillary matters), and ordered PBIC to pay the costs of the written submissions on costs.

Court Disposition

Order nisi made absolute; PBIC ordered to pay specified costs to the Director; PBIC ordered to pay 50% of Director's costs in Court of Appeal and ancillary matters; PBIC to pay costs of written submissions on costs.

Orders

  • Makes absolute the costs order nisi in paragraph [100] of Lord Neuberger NPJ's judgment as to the costs of the substantive appeals to this Court
  • Directs that the costs of those appeals include the Director's costs of applying for leave to appeal before the Appeal Committee in FAMV 58-65/2016 and the Director's costs of resisting the application for leave to appeal in FAMV 57/2016