31 Oct 2012
CHOI CHUNG BUN VINCENT v. AUSTRALIA CHINA HOLDINGS LTD
- Citation
- CHOI CHUNG BUN VINCENT v. AUSTRALIA CHINA HOLDINGS LTD
- Court
- Court of Appeal
- Case number
- CACV263/2011
The Court held that because the merits of the defendant's defence had been adequately disclosed before the master and the later affidavit added little, the defendant was entitled to costs of the successful appeal; however, because the defendant lost the jurisdictional challenge which consumed substantial hearing time and a short hearing before the judge would likely have been necessary, the proper exercise of discretion required apportionment — awarding the defendant 50% of the costs of the appeal before the judge and 50% of the costs of this appeal, while leaving the orders requiring the def…