LAI KWOK WAH KENNETH AND OTHERS v. LEUNG KWOK HUNG JONATHAN AND OTHERS

LAI KWOK WAH KENNETH AND OTHERS v. LEUNG KWOK HUNG JONATHAN AND OTHERS

Because the disputes had become academic following election of a new management committee and the proceedings were at an early procedural stage with limited costs incurred, the Tribunal exercised its discretion to depart from the general rule and made no order as to costs in relation to the Application and the Counterclaim; however, unsuccessful contesting of the two summonses entitled the Applicants to costs of those summonses from the 1st–4th Respondents.

Citation
LAI KWOK WAH KENNETH AND OTHERS v. LEUNG KWOK HUNG JONATHAN AND OTHERS
Parties
1st Applicant: LAI Kwok Wah Kenneth; 2nd Applicant: TONG Sin Ching Edward; 3rd Applicant: KONG Tang Chow; 1st Respondent: LEUNG Kwok Hung Jonathan; 2nd Respondent: LO Yung; 3rd Respondent: HUI Ling Ling; 4th Respondent: WONG Chiu Fai; 5th Respondent: HO Chiu Ming Tony; 6th Respondent: THE INCORPORATED OWNERS OF PROVIDENT CENTRE
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
25 May 2010
Case Number
LDBM292/2004
Procedural Posture
Building Management Application (ldbm 292/2004) / Costs Determination Following Discontinuance and Counterclaim Withdrawal
Outcome
No order as to costs in relation to the main Application and the Counterclaim; 1st to 4th Respondents to pay the 1st and 2nd Applicants' costs of the two summonses, with certificate for counsel, to be taxed on District Court Scale if not agreed.
Legal Topics
Discontinuance, Costs on Discontinuance, Abuse of Process, Calderbank Offer, Academic Dispute, Counterclaim, Striking Out
Source Language
EN
Building Management Civil Procedure Costs Discontinuance Costs on Discontinuance Abuse of Process Calderbank Offer Academic Dispute +2 more

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Parties

LAI Kwok Wah Kenneth

1st Applicant

TONG Sin Ching Edward

2nd Applicant

KONG Tang Chow

3rd Applicant

LEUNG Kwok Hung Jonathan

1st Respondent

LO Yung

2nd Respondent

HUI Ling Ling

3rd Respondent

WONG Chiu Fai

4th Respondent

HO Chiu Ming Tony

5th Respondent

THE INCORPORATED OWNERS OF PROVIDENT CENTRE

6th Respondent

Procedural Posture

Building Management Application (ldbm 292/2004) / Costs Determination Following Discontinuance and Counterclaim Withdrawal

Legal Issues

  1. 1 Whether a defendant is entitled to costs as of right when a plaintiff discontinues an action
  2. 2 Whether the court may depart from the general rule on costs where the dispute has become academic
  3. 3 Whether oral evidence and determination of substantive issues are required to decide costs

Ratio Decidendi

Because the disputes had become academic following election of a new management committee and the proceedings were at an early procedural stage with limited costs incurred, the Tribunal exercised its discretion to depart from the general rule and made no order as to costs in relation to the Application and the Counterclaim; however, unsuccessful contesting of the two summonses entitled the Applicants to costs of those summonses from the 1st–4th Respondents.

Court Disposition

No order as to costs in relation to the main Application and the Counterclaim; 1st to 4th Respondents to pay the 1st and 2nd Applicants' costs of the two summonses, with certificate for counsel, to be taxed on District Court Scale if not agreed.

Orders

  • There be no order as to costs in relation to the Application and the Counterclaim.
  • The 1st to 4th Respondents do pay the 1st and 2nd Applicants their costs of the two summonses, with certificate for counsel, to be taxed on District Court Scale if not agreed.