Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 9 Dec 2010

    WILTSHIRE TRADING LTD v. SECRETARY FOR JUSTICE AND OTHERS

    Citation
    WILTSHIRE TRADING LTD v. SECRETARY FOR JUSTICE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCAL17/2007

    The court exercised its discretion under the post‑reform rules and ordered that, balancing public interest considerations, partial successes of the Applicants and misconduct by respondents on some facts, overall justice requires that the Applicants pay 60% of the Respondents' costs (to be taxed on a party and party basis), the Respondents pay 100% of the Applicants' costs for the 30 August 2007 reserved item, the Applicants recover costs for the successful amendment application and the leave hearing, and no separate order can now be made in respect of HCMP 1157/2007 because its costs were ord…

  • 9 Dec 2010

    HARMONY GOLD LTD AND OTHERS v. SECRETARY FOR JUSTICE AND OTHERS

    Citation
    HARMONY GOLD LTD AND OTHERS v. SECRETARY FOR JUSTICE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCAL19/2007

    Applying the reformed discretionary approach to costs, the court exercised its discretion to allocate costs by issue: Respondents entitled to costs of leave appearance, resisting discovery and other interlocutory matters; Applicants entitled to costs of the successful amendment application; costs in HCMP 1157/2007 are governed by the earlier order that they be 'in the cause' and are not now revisable; overall justice requires Applicants pay 60% of Respondents' costs (taxed on party and party basis) while Respondents must pay 100% of Applicants' costs in respect of the 30 August 2007 award.