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

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

The Court held that costs should follow the event: the order nisi as to costs of the substantive appeals was made absolute; PBIC must pay the Director's costs of the substantive appeals including the Director's costs of applying for leave to appeal to this Court and of resisting PBIC's leave application; PBIC must pay 50% of the Director's costs in the Court of Appeal and of specified ancillary matters; and PBIC must pay the costs of the written submissions on costs.

Citation
DIRECTOR OF LANDS v. PENNY’S BAY INVESTMENT CO LTD
Parties
Applicant/appellant (facv 1/2017) and Applicant/respondent (facv 2 9/2017): PENNY'S BAY INVESTMENT COMPANY LIMITED; Respondent (facv 1/2017) and Appellant (facv 2 9/2017): DIRECTOR OF LANDS
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
27 December 2017
Case Number
FACV8/2017
Procedural Posture
Civil Final Appeal to the Court of Final Appeal / Judgment on Costs Following Determination of the Final Appeals
Outcome
Order nisi made absolute; PBIC ordered to pay specified costs to the Director
Legal Topics
Costs of Appeals, Leave to Appeal, Court of Appeal Costs, Lands Tribunal Compensation, Statutory and Contractual Compensation
Source Language
EN
Administrative Law Lands Law Civil Procedure Costs Costs of Appeals Leave to Appeal Court of Appeal Costs Lands Tribunal Compensation +1 more

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Parties

PENNY'S BAY INVESTMENT COMPANY LIMITED

Applicant/appellant (facv 1/2017) and Applicant/respondent (facv 2 9/2017)

DIRECTOR OF LANDS

Respondent (facv 1/2017) and Appellant (facv 2 9/2017)

Procedural Posture

Civil Final Appeal to the Court of Final Appeal / Judgment on Costs Following Determination of the Final Appeals

Legal Issues

  1. 1 Whether costs of the substantive appeals should follow the event
  2. 2 Whether the order nisi as to costs should be made absolute
  3. 3 Whether PBIC should pay the Director's costs of the applications for leave to appeal to the Appeal Committee

Ratio Decidendi

The Court held that costs should follow the event: the order nisi as to costs of the substantive appeals was made absolute; PBIC must pay the Director's costs of the substantive appeals including the Director's costs of applying for leave to appeal to this Court and of resisting PBIC's leave application; PBIC must pay 50% of the Director's costs in the Court of Appeal and of specified ancillary matters; and PBIC must pay the costs of the written submissions on costs.

Court Disposition

Order nisi made absolute; PBIC ordered to pay specified costs to the Director

Orders

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