許清滿 對 德保護衛有限公司

許清滿 對 德保護衛有限公司

The application to stay the costs assessment was dismissed because the appellant had not applied to vary the interim costs order within the prescribed period so the interim order had become absolute, the Court of Final Appeal had not stayed the costs orders, and therefore the respondent was entitled to proceed with...

Source-derived case information.

Citation
許清滿 對 德保護衛有限公司
Parties
Appellant: 許清滿; Respondent: 德保護衛有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 June 2012
Case Number
CACV184/2010
Procedural Posture
Civil Appeal (employee Compensation) / Costs Assessment Proceedings (post Appeal)
Outcome
Application to stay costs assessment dismissed; directions made for filing of objections and further hearing; costs reserved.
Legal Topics
Costs Assessment, Security for Costs, Interim Costs Orders, Leave to Appeal
Source Language
ch
Civil Procedure Employment Law Costs Appeals Costs Assessment Security for Costs Interim Costs Orders Leave to Appeal

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Parties

許清滿

Appellant

德保護衛有限公司

Respondent

Procedural Posture

Civil Appeal (employee Compensation) / Costs Assessment Proceedings (post Appeal)

Legal Issues

  1. 1 Whether the costs assessment should be stayed pending further appeal to the Court of Final Appeal
  2. 2 Whether the interim costs order had become absolute
  3. 3 Whether the appellant had validly applied to vary the interim costs order within the prescribed period

Ratio Decidendi

The application to stay the costs assessment was dismissed because the appellant had not applied to vary the interim costs order within the prescribed period so the interim order had become absolute, the Court of Final Appeal had not stayed the costs orders, and therefore the respondent was entitled to proceed with the costs assessment subject to the appellant filing any objections by a specified deadline.

Court Disposition

Application to stay costs assessment dismissed; directions made for filing of objections and further hearing; costs reserved.

Orders

  • Application to stay costs assessment dismissed
  • Appellant to file and serve schedule of objections by 7 August 2012