TANG KUM SUI v. CHUNG KOON LUNG AND OTHERS

TANG KUM SUI v. CHUNG KOON LUNG AND OTHERS

Cap. 576 and its rules preserve the ordinary rule that costs follow the event; petitioner was prima facie liable for costs on withdrawal/dismissal under s.46(7); having regard to the nature of the petition, reliance on hearsay, conjecture and failure to investigate, the court exercised its discretion to order the...

Source-derived case information.

Citation
TANG KUM SUI v. CHUNG KOON LUNG AND OTHERS
Parties
Petitioner: Tang Kum Sui; Respondent: 1st Respondent; Respondent: 2nd Respondent; Respondent: 3rd Respondent; Respondent: 4th Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 November 2007
Case Number
HCAL26/2007
Procedural Posture
Election Petition Under the Village Representative Election Ordinance (cap. 576) / Judgment on Petition Dismissed and Costs (reasons for Judgment)
Outcome
Petition dismissed; petitioner ordered to pay respondents' costs to be taxed on an indemnity basis if not agreed.
Legal Topics
Election Petition, Village Representative Election Ordinance, Costs Orders, Indemnity Costs, Withdrawal of Petition
Source Language
en
Constitutional and Administrative Law Election Law Civil Procedure Election Petition Village Representative Election Ordinance Costs Orders Indemnity Costs Withdrawal of Petition

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Summary, issues, holding and outcome

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Parties

Tang Kum Sui

Petitioner

1st Respondent

Respondent

2nd Respondent

Respondent

3rd Respondent

Respondent

4th Respondent

Respondent

Procedural Posture

Election Petition Under the Village Representative Election Ordinance (cap. 576) / Judgment on Petition Dismissed and Costs (reasons for Judgment)

Legal Issues

  1. 1 Whether the declared elected candidates were indigenous inhabitants within Cap. 576
  2. 2 Whether petitioner is liable for respondents' costs upon withdrawal or dismissal of the petition
  3. 3 Whether costs should be assessed on an indemnity basis

Ratio Decidendi

Cap. 576 and its rules preserve the ordinary rule that costs follow the event; petitioner was prima facie liable for costs on withdrawal/dismissal under s.46(7); having regard to the nature of the petition, reliance on hearsay, conjecture and failure to investigate, the court exercised its discretion to order the petitioner to pay the respondents' costs and to have those costs taxed on an indemnity basis.

Court Disposition

Petition dismissed; petitioner ordered to pay respondents' costs to be taxed on an indemnity basis if not agreed.

Orders

  • The petition is dismissed.
  • The petitioner is to pay the costs of the petition to the respondents, to be taxed if not agreed, and such costs are to be taxed on an indemnity basis.