梁續有(以天祥參茸藥行的名營業) v. 地政總署署長

梁續有(以天祥參茸藥行的名營業) v. 地政總署署長

Costs in compulsory acquisition proceedings are not treated identically to ordinary hostile litigation; the acquiring authority should bear the claimant's reasonable and necessary costs of determining disputed compensation up to the point where a sensible partial settlement was reached. The Tribunal ordered that the Respondent pay the Applicant's professional fees and costs incurred up to and including 31 December 2007 (date of partial settlement on value of resumed land) and that the Applicant pay the Respondent's professional fees and costs incurred after 31 December 2007, with no order as to costs for the hearing on 9 September 2008. The Tribunal rejected the Applicant's non‑disclosure...

Citation
梁續有(以天祥參茸藥行的名營業) v. 地政總署署長
Parties
Applicant: Applicant; Respondent: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 October 2008
Case Number
LDLR4/2006
Procedural Posture
Compensation Claim Under Lands Resumption Ordinance (cap.124) / Post‑trial Hearing on Professional Fees and Costs (costs Determination)
Outcome
Split costs order. Respondent to pay Applicant's professional fees and costs up to and including 31 December 2007; Applicant to pay Respondent's professional fees and costs incurred after 31 December 2007; no order as to costs for the hearing on 9 September 2008; amounts to be assessed by the Tribunal if not agreed;...
Legal Topics
Compensation, Costs Allocation, Professional Fees, Settlement Offers, Disclosure
Source Language
EN
Compulsory Acquisition Administrative Law Property Law Civil Procedure Costs Law Compensation Costs Allocation Professional Fees +2 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Compensation Claim Under Lands Resumption Ordinance (cap.124) / Post‑trial Hearing on Professional Fees and Costs (costs Determination)

Legal Issues

  1. 1 Whether costs in compulsory acquisition proceedings should follow the event or be treated differently
  2. 2 Whether the acquiring authority is liable for the claimant's reasonable professional fees incurred to determine disputed compensation
  3. 3 Temporal apportionment of costs in light of settlement offers and partial settlement

Ratio Decidendi

Costs in compulsory acquisition proceedings are not treated identically to ordinary hostile litigation; the acquiring authority should bear the claimant's reasonable and necessary costs of determining disputed compensation up to the point where a sensible partial settlement was reached. The Tribunal ordered that the Respondent pay the Applicant's professional fees and costs incurred up to and including 31 December 2007 (date of partial settlement on value of resumed land) and that the Applicant pay the Respondent's professional fees and costs incurred after 31 December 2007, with no order as to costs for the hearing on 9 September 2008. The Tribunal rejected the Applicant's non‑disclosure...

Court Disposition

Split costs order. Respondent to pay Applicant's professional fees and costs up to and including 31 December 2007; Applicant to pay Respondent's professional fees and costs incurred after 31 December 2007; no order as to costs for the hearing on 9 September 2008; amounts to be assessed by the Tribunal if not agreed;...

Orders

  • Respondent to pay Applicant professional fees and costs for proceedings incurred up to and including 31 December 2007
  • Applicant to pay Respondent professional fees and costs incurred after 31 December 2007