24 Nov 1998
TA TUNG CHINA & ARTS LTD. v. FONTANA RESTAURANT LTD. AND OTHERS
- Citation
- TA TUNG CHINA & ARTS LTD. v. FONTANA RESTAURANT LTD. AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV74/1998
The Court held that Yeung J had no jurisdiction to order a separate hearing to determine costs while leaving the substantive action alive; the correct course where defendants resist is to bring the action to a hearing for the limited purpose of determining costs (or, exceptionally, discontinue), and therefore the appeal against dismissal of the summons must be dismissed.