LIU CHING YUEN v. LIU HAU KAN FUNG

LIU CHING YUEN v. LIU HAU KAN FUNG

Court exercised discretion on costs and, having found neither party entirely reasonable and on analogies with Re Moss, Larke v Nugus [2000] WTLR 1033, declined to make an order for costs and directed that costs lie where they fall while ordering the defendant's own costs to be taxed under the Legal Aid Regulations (Cap 91A).

Citation
LIU CHING YUEN v. LIU HAU KAN FUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2014
Case Number
HCAP34/2012
Procedural Posture
Probate / Civil (summary Judgment) / Post Judgment Costs Submissions
Outcome
No order as to costs for the parties; costs to lie where they fall; defendant's own costs to be taxed under the Legal Aid Regulations (Cap 91A).
Legal Topics
Summary Judgment, Costs Lying Where They Fall, Taxation of Legal Aid Costs, RHC Order 62 R 6(1)
Source Language
EN
Probate Civil Procedure Costs Legal Aid Summary Judgment Costs Lying Where They Fall Taxation of Legal Aid Costs RHC Order 62 R 6(1)

Case Brief

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Procedural Posture

Probate / Civil (summary Judgment) / Post Judgment Costs Submissions

Legal Issues

  1. 1 Whether an order for costs should be made following summary judgment
  2. 2 Whether costs should follow the event or lie where they fall
  3. 3 Whether the defendant's costs are to be taxed under the Legal Aid Regulations (Cap 91A)

Ratio Decidendi

Court exercised discretion on costs and, having found neither party entirely reasonable and on analogies with Re Moss, Larke v Nugus [2000] WTLR 1033, declined to make an order for costs and directed that costs lie where they fall while ordering the defendant's own costs to be taxed under the Legal Aid Regulations (Cap 91A).

Court Disposition

No order as to costs for the parties; costs to lie where they fall; defendant's own costs to be taxed under the Legal Aid Regulations (Cap 91A).

Orders

  • No order as to costs for the parties in this action
  • Defendant's own costs to be taxed in accordance with the Legal Aid Regulations (Cap 91A)