Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Consolidated appeals

Legal area

Court

27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV293/1998

The court held that because the Hong Kong Housing Authority had acquiesced in the judge's course and failed to appeal the original judgment, thereby encouraging the appeals, and because its success was due to this court's view of the judge's judgment rather than its own arguments, the appropriate exercise of discretion was to make no order as to the respondent's costs.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV289/1998

Although costs normally follow the event, the Court exercised its discretion and held that the respondent's acquiescence in the judge's course below and failure to appeal had encouraged the present appeals and the respondent's success derived from this Court's view of the judge's original judgment rather than from the respondent's own arguments; consequently, in these exceptional circumstances the proper order was to make no order as to the respondent's costs of these appeals.