關偉光 v. 億達行物業管理有限公司

Parties

Procedural Posture

Civil (building Management Ordinance Application) / Application for Leave to Appeal Against Costs Order (interlocutory)

Legal Issues

1. 1 Whether the applicant had to make a prior request before commencing proceedings for inspection of accounts
2. 2 Whether the applicant should be penalised in costs for initiating proceedings without a prior request
3. 3 Whether leave to appeal against the lower judge's costs decision should be granted

Ratio Decidendi

Leave to appeal was refused because the learned judge's decision to make no order as to costs was properly reasoned on the factual background, the applicant's belief that a request would be refused was reasonable, and granting leave would risk disproportionate and potentially oppressive additional costs and deter meritorious claims.

Court Disposition

Leave to appeal refused; interlocutory restriction imposed under court rules.

Orders

• Leave to appeal against the costs order refused.
• Order under O.59 r.2A para.8 that the respondent may not apply under para.7 of O.59 r.2A to request reconsideration at an oral hearing inter partes.