RE CHOY BING WING

RE CHOY BING WING

Because the applicant did not bring a formal application to vary the costs order nisi and did not make submissions on the respondent's costs, the order nisi became absolute; the court then exercised its discretion to reduce the claimed preparatory time and awarded costs in the gross sum of $7,250 to the respondent.

Source-derived case information.

Citation
RE CHOY BING WING
Parties
Applicant/judgment Debtor: Choy Bing Wing; Respondent/judgment Creditor: Director of Housing Department, Government of the Hong Kong SAR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2014
Case Number
HCMP50/2014
Procedural Posture
Miscellaneous Proceedings (intended Appeal From HCB 12343/2009) / Decision on Costs
Outcome
Application for leave to appeal dismissed; costs order nisi became absolute; applicant ordered to pay respondent's costs in the sum of $7,250.
Legal Topics
Costs Order Nisi, Leave to Appeal, Assessment of Costs
Source Language
en
Civil Procedure Costs Appeals Costs Order Nisi Leave to Appeal Assessment of Costs

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Parties

Choy Bing Wing

Applicant/judgment Debtor

Director of Housing Department, Government of the Hong Kong SAR

Respondent/judgment Creditor

Procedural Posture

Miscellaneous Proceedings (intended Appeal From HCB 12343/2009) / Decision on Costs

Legal Issues

  1. 1 Whether the costs order nisi became absolute for failure to apply to vary it
  2. 2 What is the appropriate quantum of costs and whether claimed preparatory time should be reduced

Ratio Decidendi

Because the applicant did not bring a formal application to vary the costs order nisi and did not make submissions on the respondent's costs, the order nisi became absolute; the court then exercised its discretion to reduce the claimed preparatory time and awarded costs in the gross sum of $7,250 to the respondent.

Court Disposition

Application for leave to appeal dismissed; costs order nisi became absolute; applicant ordered to pay respondent's costs in the sum of $7,250.

Orders

  • Mr Choy Bing Wing ordered to pay the respondent costs in the sum of $7,250