TSANG KIN SHING (BULL) v. LI CHUN CHAU AND OTHERS

TSANG KIN SHING (BULL) v. LI CHUN CHAU AND OTHERS

Leave to withdraw the election petition is granted; there was insufficient material to conclude the petition was an abuse of process or lacked bona fides from the outset, and accordingly costs are awarded to the respondents on a party-and-party basis to be taxed if not agreed rather than on an indemnity basis.

Citation
TSANG KIN SHING (BULL) v. LI CHUN CHAU AND OTHERS
Parties
2nd Respondent: G DAVIS (RETURNING OFFICER for the LOK HONG CONSTITUENCY)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2012
Case Number
HCAL13/2012
Procedural Posture
Election Petition / Application for Leave to Withdraw; Submissions on Costs
Outcome
Leave to withdraw granted.
Legal Topics
Withdrawal of Petition, Leave to Withdraw, Indemnity Costs Vs Party and Party Costs, Abuse of Process, Directions Under Rule 10, Time Limits for Election Petitions
Source Language
EN
Election Law Civil Procedure Costs Withdrawal of Petition Leave to Withdraw Indemnity Costs Vs Party and Party Costs Abuse of Process Directions Under Rule 10 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

G DAVIS (RETURNING OFFICER for the LOK HONG CONSTITUENCY)

2nd Respondent

Procedural Posture

Election Petition / Application for Leave to Withdraw; Submissions on Costs

Legal Issues

  1. 1 Whether the petitioner should be granted leave to withdraw the election petition
  2. 2 Whether the petition was an abuse of process or lacked bona fides from the outset
  3. 3 Whether costs should be ordered on an indemnity basis or on a party-and-party basis

Ratio Decidendi

Leave to withdraw the election petition is granted; there was insufficient material to conclude the petition was an abuse of process or lacked bona fides from the outset, and accordingly costs are awarded to the respondents on a party-and-party basis to be taxed if not agreed rather than on an indemnity basis.

Court Disposition

Leave to withdraw granted.

Orders

  • Leave to withdraw the election petition granted.
  • Petitioner to pay the costs of the 1st and 2nd Respondents on a party-and-party basis, to be taxed if not agreed.