TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
The court declined to order costs for the respondent because the respondent's prior acquiescence and failure to appeal the original judgment had materially encouraged the appellants to bring these appeals; the respondent's success on appeal derived from the court's view of the judge's original judgment rather than...
Source-derived case information.
- Citation
- TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
- Parties
- Applicants (appellants): Tong Tim Nui and others; Applicant (appellant) CACV 282/98: Billy Yeung Bee Lee; Respondent: Hong Kong Housing Authority
- Court
- Court of Appeal
- Jurisdiction
- Hong Kong
- Judgment Date
- 27 September 1999
- Case Number
- CACV282/1998
- Procedural Posture
- Civil Appeal (consolidated) / Judgment on Costs in the Court of Appeal After Appeal From HCMP 114 of 1998
- Outcome
- No order as to costs of these appeals.
- Legal Topics
- Costs Order, Acquiescence, Compensation, Procedural Conduct
- Source Language
- et
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tong Tim Nui and others
Applicants (appellants)
Billy Yeung Bee Lee
Applicant (appellant) CACV 282/98
Hong Kong Housing Authority
Respondent
Procedural Posture
Civil Appeal (consolidated) / Judgment on Costs in the Court of Appeal After Appeal From HCMP 114 of 1998
Legal Issues
- 1 Whether the respondent is entitled to an order for costs as the successful party on appeal
- 2 Whether the respondent's prior acquiescence and failure to appeal earlier justify departing from the general rule that costs follow the event
Ratio Decidendi
The court declined to order costs for the respondent because the respondent's prior acquiescence and failure to appeal the original judgment had materially encouraged the appellants to bring these appeals; the respondent's success on appeal derived from the court's view of the judge's original judgment rather than from the respondent's arguments, and in these exceptional circumstances the appropriate order was that there be no order as to costs.
Court Disposition
No order as to costs of these appeals.
Orders
- No order as to the Hong Kong Housing Authority's costs of these appeals.
Full Case Text
Judgment text and source record
1 paragraphs
bjbj CACV 281, 282, 283, 287, 288, 289, 290, 291, 292, 293, 294, 295, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 340, 341, 342, 343, 344 and 345/1998 CACV 27 and 28/1999 (Consolidated) IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NOS. 281, 282, 283, 287, 288, 289, 290, 291, 292, 293, 294, 295, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 340, 341, 342, 343, 344 and 345 OF 1998 CIVIL APPEAL NOS. 27 and 28 OF 1999 (Consolidated) (ON APPEAL FROM HCMP 114 OF 1998) IN THE MATTER of the property known as Tiu Keng Leng Cottage at Site No. 25, Section No. 7 and Tiu Keng Leng Cottage at Site No. 131, Section No. 11, Tiu Keng Leng Cottage Area, Hong Kong and IN THE MATTER of compensation payable to residents of Tiu Keng Leng under the decision of Sears, J. in High Court Miscellaneous Proceedings No. 114 of 1998 BETWEEN TONG TIM NUI and others Applicants (Appellants) and HONG KONG HOUSING AUTHORITY Respondent (Respondent) Court : Godfrey, Mayo & Rogers, JJ.A. Hearing : 27 September 1999 Judgment on costs : 27 September 1999 --------------------------------- JUDGMENT ON COSTS --------------------------------- Godfrey, J.A. : Miss Gladys Li, S.C., for the Hong Kong Housing Authority, has applied for an order for costs against the appellants, reminding us, correctly, that, as a general rule, costs follow the event and that, here, the event is that the appellants have failed and the Hong Kong Housing Authority has succeeded. But, in our opinion, the extraordinary nature of this highly unusual case dictates a different conclusion. It seems to us that the acquiescence of the Hong Kong Housing Authority in the course taken by the judge below at various stages of the proceedings before him, and the failure of the Hong Kong Housing Authority to appeal against his original judgment, might fairly be considered to have encouraged the present appeals. The success of the Hong Kong Housing Authority is solely due to the view this court took of the judge s original judgment. Its success has been achieved despite, and not because, of its own arguments. The course the Hong Kong Housing Authority has adopted in relation to these appeals has not recommended itself to this court. In these quite exceptional circumstances, we consider it proper to make no order as to the Hong Kong Housing Authority s costs of these appeals. ( Gerald Godfrey ) ( Simon Mayo ) ( Anthony Rogers ) Justice of Appeal Justice of Appeal Justice of Appeal Mr. Ben Beaumont & Mr. Sher Hon Piu (M/s. Fred Kan & Co.) for the Applicants (Appellants) in all appeals except CACV 282/98 Applicant (Appellant) in CACV 282/98, Mr. Billy Yeung Bee Lee in person Miss Gladys Li, S.C. & Mr. Peter Ng (M/s. Simmons & Simmons) for the Respondent (Respondent) in all appeals - PAGE - @\\SSLAI\HP LaserJet 4 Plus Ne02: winspool HP LaserJet 4 Plus \\SSLAI\HP LaserJet 4 Plus \\SSLAI\HP LaserJet 4 Plus IN THE COURT OF APPEAL 199, No. user Normal Microsoft Word 8.0 user IN THE COURT OF APPEAL 199, No. Title _PID_GUID 28_1998.doc CA6958~1.DOC CACV000330_1998.doc CAE95C~1.DOC CV000331_1998.doc CAE9D9~1.DOC 998.doc CA6A5C~1.DOC CV000341_1998.doc CA6AD9~1.DOC ~1.DOC CV000343_1998.doc CA6AD6~1.DOC CV000345_1998.doc CA6AD7~1.DOC 000027_1999.doc CA6D96~1.DOC CV000028_1999.doc CACV000281A_1998.doc CA980B~1.DOC CV000281A_1998.doc ~$CV00~1.DOC Microsoft Word Document MSWordDoc Word.Document.8