GUIDO FERRANDO v. HUA DAO SHIPPING (FAR EAST) LTD

GUIDO FERRANDO v. HUA DAO SHIPPING (FAR EAST) LTD

No special circumstances existed to justify departing from the general rule that costs follow the event; because the defendant resisted the appeal and lost, the order nisi for costs was made absolute and the defendant must pay the appellant's costs, to be taxed if not agreed.

Citation
GUIDO FERRANDO v. HUA DAO SHIPPING (FAR EAST) LTD
Parties
Claimant/appellant: Guido Ferrando; Defendant/respondent: Hua Dao Shipping (Far East) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 2006
Case Number
HCLA77/2005
Procedural Posture
Labour Tribunal Appeal (high Court, Court of First Instance) / Decision on Costs Following Allowance of Appeal and Remittal for Retrial; Application to Vary Order Nisi Dismissed
Outcome
Defendant's application to vary the order nisi dismissed; order nisi made absolute; costs awarded to the claimant, to be taxed if not agreed.
Legal Topics
Appeal, Costs Follow the Event, Order Nisi, Retrial, Variation of Costs Order
Source Language
EN
Labour Law Civil Procedure Costs Appeal Costs Follow the Event Order Nisi Retrial Variation of Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Guido Ferrando

Claimant/appellant

Hua Dao Shipping (Far East) Limited

Defendant/respondent

Procedural Posture

Labour Tribunal Appeal (high Court, Court of First Instance) / Decision on Costs Following Allowance of Appeal and Remittal for Retrial; Application to Vary Order Nisi Dismissed

Legal Issues

  1. 1 Whether the general rule that costs follow the event applies when an appeal is allowed and a retrial ordered
  2. 2 Whether special circumstances exist to justify departing from the general rule
  3. 3 Whether the defendant should bear the appellant's costs despite the court relying on a point not raised by appellant's counsel

Ratio Decidendi

No special circumstances existed to justify departing from the general rule that costs follow the event; because the defendant resisted the appeal and lost, the order nisi for costs was made absolute and the defendant must pay the appellant's costs, to be taxed if not agreed.

Court Disposition

Defendant's application to vary the order nisi dismissed; order nisi made absolute; costs awarded to the claimant, to be taxed if not agreed.

Orders

  • Order nisi made absolute