- 40 A
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95.
Given that the Subject Mobile Phones have already been
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returned to the applicant without any search of their contents, it does not
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D
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serve any useful purpose to quash the Decision. I therefore would not
make any order to that extent.
96.
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The applicant is partially successful in the application.
Considering the substance of all the arguments raised, I think it is fair and
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just to award two-thirds of the costs to the applicant, to be taxed if not
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agreed with certificate for two counsel.
Given that the interested
parties’ submissions generally and materially overlap with the applicant’s
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submissions, I do not think it is justified and fair in the present
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circumstances to order two sets of costs against the Commissioner.
I would therefore make no order as to costs as between the interested
parties and the Commissioner.
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The applicant and the 2nd interested
party’s own costs shall also be taxed in accordance with legal aid
regulations. These costs orders are on a nisi basis, and shall become
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absolute 14 days from today unless any of the parties applies by summons
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to vary it.
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N
97.
I thank counsel’s helpful assistance in the matter.
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(Thomas Au)
Judge of the Court of First Instance
High Court
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