BRIGHT CHINA INVESTMENT LTD v. YIP SIU KWONG TIMMY AND OTHERS

BRIGHT CHINA INVESTMENT LTD v. YIP SIU KWONG TIMMY AND OTHERS

The proceedings had become totally academic following the election of a new management committee; the applicant had an arguable case and did not admit lack of merit; exercising the wide discretion under Rule 27 LTR it was appropriate to make no order as to costs of the discontinued main proceedings, but an order nisi was appropriate for costs of the interlocutory application dated 12 January 2018 in favour of the applicant to be taxed on the District Court scale.

Citation
[2018] HKLdT 46
Parties
Respondents: 1st to 7th Respondents
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
21 June 2018
Case Number
LDBM303/2015
Procedural Posture
Costs Application on Discontinuance / Interlocutory / Decision on Costs
Outcome
No order as to costs of the main proceedings; order nisi that respondents pay costs of interlocutory application dated 12 January 2018 to the applicant to be taxed on the District Court scale unless varied within 14 days.
Legal Topics
Discontinuance, Costs on Discontinuance, Validity of Proxies, Management Committee Disputes
Source Language
EN
Civil Procedure Land Law Tribunal Practice Costs Discontinuance Costs on Discontinuance Validity of Proxies Management Committee Disputes

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Parties

1st to 7th Respondents

Respondents

Procedural Posture

Costs Application on Discontinuance / Interlocutory / Decision on Costs

Legal Issues

  1. 1 Whether the respondent is entitled to costs after the applicant discontinued the proceedings
  2. 2 Whether the proceedings had become academic after election of a new management committee
  3. 3 Appropriate merit threshold to displace the general rule on costs on discontinuance

Ratio Decidendi

The proceedings had become totally academic following the election of a new management committee; the applicant had an arguable case and did not admit lack of merit; exercising the wide discretion under Rule 27 LTR it was appropriate to make no order as to costs of the discontinued main proceedings, but an order nisi was appropriate for costs of the interlocutory application dated 12 January 2018 in favour of the applicant to be taxed on the District Court scale.

Court Disposition

No order as to costs of the main proceedings; order nisi that respondents pay costs of interlocutory application dated 12 January 2018 to the applicant to be taxed on the District Court scale unless varied within 14 days.

Orders

  • No order as to costs of these proceedings including all costs reserved.
  • Order nisi that the respondents pay costs of the interlocutory application dated 12 January 2018 including all costs reserved to the Applicant with certificate for Counsel, to be taxed on the District Court scale if not agreed, which shall become absolute unless varied by summons within 14 days.