江海溥 對 律政司

江海溥 對 律政司

Because Orders 1–5 were valid and binding (Order 1 was not appealed in time and other orders were either unchallenged or appeals dismissed), the absolute charging order based on those orders was lawful; the appellant's unexplained delay made any belated appeal unlikely to succeed and did not justify adjournment,...

Source-derived case information.

Citation
江海溥 對 律政司
Parties
Appellant: 江海溥; Respondent: 律政司
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 May 2017
Case Number
DCMP1583/2010
Procedural Posture
Appeal Against Absolute Charging Order (property Attachment) / Appeal Hearing and Judgment (regional Court)
Outcome
Appeal dismissed
Legal Topics
Costs Assessment, Charging Order, Adjournment/leave to Appeal, Finality of Unappealed Orders
Source Language
ch
Criminal Costs Civil Enforcement Civil Procedure Costs Assessment Charging Order Adjournment/leave to Appeal Finality of Unappealed Orders

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Parties

江海溥

Appellant

律政司

Respondent

Procedural Posture

Appeal Against Absolute Charging Order (property Attachment) / Appeal Hearing and Judgment (regional Court)

  1. 1 Whether the absolute charging order based on prior costs orders (Orders 1–5) was valid and enforceable
  2. 2 Whether the appellant was entitled to an adjournment to pursue a belated appeal against Order 1
  3. 3 Whether the appellant's reliance on Criminal Cases (Costs) Rules r.7(4) and r.8(2) affected the validity of the charging order

Ratio Decidendi

Because Orders 1–5 were valid and binding (Order 1 was not appealed in time and other orders were either unchallenged or appeals dismissed), the absolute charging order based on those orders was lawful; the appellant's unexplained delay made any belated appeal unlikely to succeed and did not justify adjournment, therefore the appeal against the absolute charging order is dismissed and costs are awarded to the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay respondent's costs of the appeal assessed summarily on party‑and‑party basis at HK$5,825, payable immediately