黎多密 v. 地政總署署長 AND ANOTHER

黎多密 v. 地政總署署長 AND ANOTHER

Leave to withdraw was granted, but because the withdrawal was made on the day of hearing and the Applicant's claim of a court letter was not accepted, the Applicant was ordered to pay the costs of and occasioned by the application to the Putative Respondents, to be taxed if not agreed.

Citation
[2021] HKCFI 2190
Parties
Applicant: Applicant; Putative Respondent: 1st Putative Respondent; Putative Respondent: 2nd Putative Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 2021
Case Number
HCAL242/2021
Procedural Posture
Civil Application / Application to Withdraw at Hearing
Outcome
Leave to withdraw granted; costs awarded to the Putative Respondents; costs to be taxed if not agreed.
Legal Topics
Withdrawal of Application, Adverse Costs Order, Taxation of Costs, Late Withdrawal
Source Language
EN
Civil Procedure Costs High Court Practice Withdrawal of Application Adverse Costs Order Taxation of Costs Late Withdrawal

Case Brief

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Parties

Applicant

Applicant

1st Putative Respondent

Putative Respondent

2nd Putative Respondent

Putative Respondent

Procedural Posture

Civil Application / Application to Withdraw at Hearing

Legal Issues

  1. 1 Whether the Applicant may withdraw the application on the day of hearing
  2. 2 Whether the Applicant should be ordered to pay the costs of the Putative Respondents
  3. 3 Whether the Applicant's assertion of a court letter negating an adverse costs order is credible

Ratio Decidendi

Leave to withdraw was granted, but because the withdrawal was made on the day of hearing and the Applicant's claim of a court letter was not accepted, the Applicant was ordered to pay the costs of and occasioned by the application to the Putative Respondents, to be taxed if not agreed.

Court Disposition

Leave to withdraw granted; costs awarded to the Putative Respondents; costs to be taxed if not agreed.

Orders

  • Leave granted to the Applicant to withdraw the application.
  • The costs of and occasioned by this application are to the Putative Respondents, to be taxed if not agreed.