CHEUNG WAH NIN AND OTHERS v. THE LAND REGISTRY AND ANOTHER

CHEUNG WAH NIN AND OTHERS v. THE LAND REGISTRY AND ANOTHER

Plaintiffs succeeded on the primary issue of registrability so costs follow the event, but because the plaintiffs abandoned a separate damages claim at the hearing, the court exercised its discretion to reduce the plaintiffs' recoverable costs to two thirds; indemnity costs were refused as there was no warrant for a...

Source-derived case information.

Citation
CHEUNG WAH NIN AND OTHERS v. THE LAND REGISTRY AND ANOTHER
Parties
Plaintiffs: Plaintiffs; Defendants: 1st and 2nd defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 2017
Case Number
HCMP3337/2015
Procedural Posture
Miscellaneous Proceedings (land Registration/deed of Licence) / Decision on Costs Following Judgment
Outcome
Defendants ordered to pay two thirds of the plaintiffs' costs of the proceedings, excluding written submissions on costs; costs to be taxed on party-and-party basis if not agreed.
Legal Topics
Deed of Licence Registrability, Costs Allocation, Indemnity Costs, Abandoned Damages Claim
Source Language
en
Land Law Property Registration Civil Procedure Costs Deed of Licence Registrability Costs Allocation Indemnity Costs Abandoned Damages Claim

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Parties

Plaintiffs

Plaintiffs

1st and 2nd defendants

Defendants

Procedural Posture

Miscellaneous Proceedings (land Registration/deed of Licence) / Decision on Costs Following Judgment

Legal Issues

  1. 1 Whether the Deeds of Licence were registrable under Land Registration Ordinance
  2. 2 Whether costs should follow the event and in what proportion given abandonment of damages claim
  3. 3 Whether costs should be awarded on indemnity basis

Ratio Decidendi

Plaintiffs succeeded on the primary issue of registrability so costs follow the event, but because the plaintiffs abandoned a separate damages claim at the hearing, the court exercised its discretion to reduce the plaintiffs' recoverable costs to two thirds; indemnity costs were refused as there was no warrant for a higher basis despite the defendants' maintained but erroneous position.

Court Disposition

Defendants ordered to pay two thirds of the plaintiffs' costs of the proceedings, excluding written submissions on costs; costs to be taxed on party-and-party basis if not agreed.

Orders

  • Defendants to pay two thirds of the plaintiffs' costs of the proceedings (excluding written submissions on costs)
  • Costs to be taxed on the party and party basis if not agreed