WONG TO YICK WOOD LOCK OINTMENT LTD 對 THE INCORPORATED OWNERS OF NOS. 1004 - 1012 CANTON ROAD

WONG TO YICK WOOD LOCK OINTMENT LTD 對 THE INCORPORATED OWNERS OF NOS. 1004 - 1012 CANTON ROAD

Respondent's application to vary the provisional costs order is dismissed because the respondent failed to demonstrate special circumstances to depart from the ordinary rule that costs follow the event; the applicant succeeded on liability and partly on remedies and the unsuccessful sub‑claims were not discrete...

Source-derived case information.

Citation
[2021] HKLdT 69
Parties
Applicant: WONG TO YICK WOOD LOCK OINTMENT LIMITED; Respondent: THE INCORPORATED OWNERS OF NOS. 1004 – 1012 CANTON ROAD
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
25 October 2021
Case Number
LDBM280/2017
Procedural Posture
Building Management Application (ldbm 280/2017) / Application to Vary Provisional Costs Order (post Trial)
Outcome
Respondent's application to vary the provisional costs order dismissed; provisional costs order made absolute in favour of applicant.
Legal Topics
Costs, Provisional Costs Order, Injunction, Damages, Mitigation of Loss, Causation
Source Language
ch
Land Law Civil Procedure Building Management Costs and Litigation Costs Provisional Costs Order Injunction Damages +2 more

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Parties

WONG TO YICK WOOD LOCK OINTMENT LIMITED

Applicant

THE INCORPORATED OWNERS OF NOS. 1004 – 1012 CANTON ROAD

Respondent

Procedural Posture

Building Management Application (ldbm 280/2017) / Application to Vary Provisional Costs Order (post Trial)

  1. 1 Whether the respondent should succeed in varying the provisional costs order
  2. 2 Whether the general rule that costs follow the event should be displaced
  3. 3 Whether the applicant's partial failure on some damage claims justifies reduction of costs

Ratio Decidendi

Respondent's application to vary the provisional costs order is dismissed because the respondent failed to demonstrate special circumstances to depart from the ordinary rule that costs follow the event; the applicant succeeded on liability and partly on remedies and the unsuccessful sub‑claims were not discrete events that would justify reducing the applicant's costs entitlement.

Court Disposition

Respondent's application to vary the provisional costs order dismissed; provisional costs order made absolute in favour of applicant.

Orders

  • Respondent's application dated 2 July 2021 to vary the provisional costs order is dismissed.
  • Provisional costs order dated 18 June 2021 is made absolute.