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

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

The Court applied the ordinary rule that costs follow the event: it made absolute the order nisi that PBIC pay the Director's costs of the substantive appeals to the Court of Final Appeal, ordered PBIC to pay the Director's costs of the relevant applications for leave to appeal to the Appeal Committee, and varied...

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
FACV4/2017
Procedural Posture
Final Appeal (civil) / Costs Judgment (post Appeal)
Outcome
Order nisi made absolute; PBIC ordered to pay specified costs to the Director.
Legal Topics
Costs of Appeals, Leave to Appeal, Appellate Costs Allocation, Valuation and Compensation
Source Language
en
Administrative Law Property Law Civil Procedure Costs Costs of Appeals Leave to Appeal Appellate Costs Allocation Valuation and Compensation

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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) / Costs Judgment (post Appeal)

Legal Issues

  1. 1 Whether the order nisi as to costs of the substantive appeals should be made absolute
  2. 2 Whether PBIC should be ordered to pay the Director's costs of applications for leave to appeal to the Appeal Committee
  3. 3 Whether the Court of Appeal's no order as to costs should be varied and PBIC ordered to pay 50% of the Director's costs in the Court of Appeal

Ratio Decidendi

The Court applied the ordinary rule that costs follow the event: it made absolute the order nisi that PBIC pay the Director's costs of the substantive appeals to the Court of Final Appeal, ordered PBIC to pay the Director's costs of the relevant applications for leave to appeal to the Appeal Committee, and varied the Court of Appeal's costs position by ordering PBIC to pay 50% of the Director's costs in the Court of Appeal and related ancillary matters; PBIC must also pay 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.
  • Costs of those appeals to include (a) the Director's costs of applying for leave to appeal to this Court before the Appeal Committee in FAMV 58-65/2016 and (b) the Director's costs of resisting the application for leave to appeal to this Court in FAMV 57/2016.