BARNES & NOBLE PROPERTY MANAGEMENT LTD. AND ANOTHER v. HODSUN LTD.

BARNES & NOBLE PROPERTY MANAGEMENT LTD. AND ANOTHER v. HODSUN LTD.

The adjudicator had statutory power under the Ordinance to order costs relating to proceedings before transfer, but she wrongly exercised her discretion in ordering costs when she transferred the matter and appeared to penalise the appellant for alleged delaying tactics; the costs order was therefore quashed and the appeal allowed.

Citation
BARNES & NOBLE PROPERTY MANAGEMENT LTD. AND ANOTHER v. HODSUN LTD.
Parties
1st Claimant/respondent: Nobel Property Management Ltd; 2nd Claimant/respondent: Billion Terrace Management Ltd; Defendant/appellant: Hodsun Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 April 2000
Case Number
HCSA27/1999
Procedural Posture
Small Claims Tribunal Appeal to High Court / Appeal Against Costs Order and Transfer Order
Outcome
Appeal allowed; costs order made by the adjudicator quashed; no order as to costs of the appeal
Legal Topics
Costs Orders, Transfer of Proceedings, Interpretation of Statutory Provisions, Exercise of Judicial Discretion, Abuse of Process
Source Language
EN
Civil Tribunal Procedure Costs Jurisdiction Administrative Law Costs Orders Transfer of Proceedings Interpretation of Statutory Provisions +2 more

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Parties

Nobel Property Management Ltd

1st Claimant/respondent

Billion Terrace Management Ltd

2nd Claimant/respondent

Hodsun Limited

Defendant/appellant

Procedural Posture

Small Claims Tribunal Appeal to High Court / Appeal Against Costs Order and Transfer Order

Legal Issues

  1. 1 Whether the Small Claims Tribunal adjudicator had power to make a costs order at the time of transfer
  2. 2 Proper interpretation of s11, s18 and s24 of the Small Claims Tribunal Ordinance (Cap.338)
  3. 3 Whether the transfer to the Lands Tribunal was necessary and lawful

Ratio Decidendi

The adjudicator had statutory power under the Ordinance to order costs relating to proceedings before transfer, but she wrongly exercised her discretion in ordering costs when she transferred the matter and appeared to penalise the appellant for alleged delaying tactics; the costs order was therefore quashed and the appeal allowed.

Court Disposition

Appeal allowed; costs order made by the adjudicator quashed; no order as to costs of the appeal

Orders

  • The costs order dated 9 November 1999 made by Adjudicator Catton in favour of the claimants in the sum of $8,279.70 is quashed.
  • No order as to the costs of this appeal.