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

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

The Court held that there was no basis to depart from the usual rule that costs follow the event: it made absolute the order nisi as to costs of the substantive appeals; directed PBIC to pay the Director’s costs of applying for leave to appeal to this Court before the Appeal Committee and of resisting PBIC’s leave...

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
FACV7/2017
Procedural Posture
Civil Appeal / Costs Judgment Following Final Determination by the Court of Final Appeal
Outcome
Order nisi made absolute; PBIC ordered to pay specified costs to the Director
Legal Topics
Land Compensation, Leave to Appeal, Costs Orders, Appeal Procedure
Source Language
en
Administrative Law Property Law Civil Procedure Costs Land Compensation Leave to Appeal Costs Orders Appeal Procedure

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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

Civil Appeal / Costs Judgment Following Final Determination by the Court of Final Appeal

Legal Issues

  1. 1 Whether the order nisi as to costs of the CFA 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 PBIC should be ordered to pay a proportion (50%) of the Director’s costs in the Court of Appeal and ancillary costs

Ratio Decidendi

The Court held that there was no basis to depart from the usual rule that costs follow the event: it made absolute the order nisi as to costs of the substantive appeals; directed PBIC to pay the Director’s costs of applying for leave to appeal to this Court before the Appeal Committee and of resisting PBIC’s leave application; and ordered PBIC to pay 50% of the Director’s costs in the Court of Appeal and specified ancillary matters, plus 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 Lord Neuberger NPJ as to the costs of the substantive appeals to the Court of Final Appeal.
  • Direct that those costs 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.