CHUN WO BUILDING CONSTRUCTION LTD. v. CHINA MERCHANTS TOWER CO LTD. AND OTHERS

CHUN WO BUILDING CONSTRUCTION LTD. v. CHINA MERCHANTS TOWER CO LTD. AND OTHERS

The court refused to alter its order nisi, confirmed that order as final, and made no order for the 3rd respondent's costs because the 3rd respondent had consented to a joint hearing and had done nothing wrong; the final order includes costs of the additional hearing.

Citation
CHUN WO BUILDING CONSTRUCTION LTD. v. CHINA MERCHANTS TOWER CO LTD. AND OTHERS
Parties
Applicant: CHUN WO BUILDING CONSTRUCTION LTD; 1st Respondent: CHINA MERCHANTS TOWER CO LTD; 2nd Respondent: CHEVALIER (HK) LIMITED; 3rd Respondent: CERBERUS HONG KONG LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 March 2000
Case Number
HCCT107/1999
Procedural Posture
Construction and Arbitration Proceedings / Hearing on Costs Following Order Nisi
Outcome
Order nisi on costs confirmed as final; no order as to the 3rd respondent's costs; final order includes costs of the additional hearing.
Legal Topics
Consolidation of Arbitrations, Allocation of Costs, Order Nisi, Joinder
Source Language
EN
Arbitration Costs Construction Law Civil Procedure Consolidation of Arbitrations Allocation of Costs Order Nisi Joinder

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Parties

CHUN WO BUILDING CONSTRUCTION LTD

Applicant

CHINA MERCHANTS TOWER CO LTD

1st Respondent

CHEVALIER (HK) LIMITED

2nd Respondent

CERBERUS HONG KONG LIMITED

3rd Respondent

Procedural Posture

Construction and Arbitration Proceedings / Hearing on Costs Following Order Nisi

Legal Issues

  1. 1 Whether to alter the costs order nisi
  2. 2 Whether the applicant should be liable for the 3rd respondent's costs
  3. 3 Whether to fine‑tune the costs order by reference to specific dates of conduct

Ratio Decidendi

The court refused to alter its order nisi, confirmed that order as final, and made no order for the 3rd respondent's costs because the 3rd respondent had consented to a joint hearing and had done nothing wrong; the final order includes costs of the additional hearing.

Court Disposition

Order nisi on costs confirmed as final; no order as to the 3rd respondent's costs; final order includes costs of the additional hearing.

Orders

  • Costs order nisi confirmed as final
  • No order as to the 3rd respondent's costs