ANDREW EDWARD LEFT v. SECURITIES AND FUTURES COMMISSION AND ANOTHER

ANDREW EDWARD LEFT v. SECURITIES AND FUTURES COMMISSION AND ANOTHER

The Court dismissed the application for leave to appeal and, having considered the SFC's statement of costs and the applicant's lack of objection, found the claimed sum of $138,800 to be reasonable and assessed that amount as payable to the SFC.

Citation
ANDREW EDWARD LEFT v. SECURITIES AND FUTURES COMMISSION AND ANOTHER
Parties
Applicant: Andrew Edward Left; 1st Respondent: Securities and Futures Commission; 2nd Respondent: Market Misconduct Tribunal
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 February 2017
Case Number
HCMP3195/2016
Procedural Posture
Intended Appeal Pursuant to Section 266 of the Securities and Futures Ordinance, Cap. 571 / Costs Decision After Dismissal of Leave to Appeal; Summary (gross Sum) Assessment of Costs
Outcome
Application for leave to appeal dismissed; applicant ordered to pay the SFC's costs assessed at HK$138,800.
Legal Topics
Market Misconduct, Leave to Appeal, Costs Assessment, Summary Assessment
Source Language
EN
Securities Law Administrative Law Civil Procedure Costs Market Misconduct Leave to Appeal Costs Assessment Summary Assessment

Case Brief

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Parties

Andrew Edward Left

Applicant

Securities and Futures Commission

1st Respondent

Market Misconduct Tribunal

2nd Respondent

Procedural Posture

Intended Appeal Pursuant to Section 266 of the Securities and Futures Ordinance, Cap. 571 / Costs Decision After Dismissal of Leave to Appeal; Summary (gross Sum) Assessment of Costs

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal (previously dismissed)
  2. 2 Whether the SFC's claimed costs of $138,800 are reasonable and payable
  3. 3 Appropriate procedure for assessment of costs (gross sum on paper / summary assessment)

Ratio Decidendi

The Court dismissed the application for leave to appeal and, having considered the SFC's statement of costs and the applicant's lack of objection, found the claimed sum of $138,800 to be reasonable and assessed that amount as payable to the SFC.

Court Disposition

Application for leave to appeal dismissed; applicant ordered to pay the SFC's costs assessed at HK$138,800.

Orders

  • Application dismissed.
  • Applicant to pay the Securities and Futures Commission the costs claimed in the amount of $138,800.