GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT COMPANY LTD

GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT COMPANY LTD

The Costs Order made at the final determination after a full trial is a final order for the purposes of Rule 30B(2) and therefore the 28-day time limit applies; wasted costs orders are distinct because they target legal representatives (not parties) and are specifically listed in Rule 30E, but that listing does not imply all other costs orders are interlocutory.

Citation
GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT COMPANY LTD
Parties
Applicant: Applicants; Respondent: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
20 February 2014
Case Number
LDCS42000/2011
Procedural Posture
Leave to Appeal (costs Order) / Hearing on Time Limit for Leave to Appeal
Outcome
Application for leave to appeal by the respondent is not out of time; the Costs Order is a final order for time-limit purposes.
Legal Topics
Interlocutory Vs Final Order, Time Limit for Leave to Appeal, Wasted Costs, Statutory and Rule Interpretation
Source Language
EN
Civil Procedure Appeals Costs Lands Tribunal Jurisdiction Interlocutory Vs Final Order Time Limit for Leave to Appeal Wasted Costs Statutory and Rule Interpretation

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Parties

Applicants

Applicant

Respondent

Respondent

Procedural Posture

Leave to Appeal (costs Order) / Hearing on Time Limit for Leave to Appeal

Legal Issues

  1. 1 Whether the Costs Order made on 11 November 2013 is interlocutory or final for the purpose of computing the time limit to apply for leave to appeal
  2. 2 Whether the respondent's application for leave to appeal filed on 9 December 2013 was out of time
  3. 3 Proper interpretation of Section 12(1) and (3) of the Lands Tribunal Ordinance and Rules 30B and 30E of the Lands Tribunal Rules

Ratio Decidendi

The Costs Order made at the final determination after a full trial is a final order for the purposes of Rule 30B(2) and therefore the 28-day time limit applies; wasted costs orders are distinct because they target legal representatives (not parties) and are specifically listed in Rule 30E, but that listing does not imply all other costs orders are interlocutory.

Court Disposition

Application for leave to appeal by the respondent is not out of time; the Costs Order is a final order for time-limit purposes.

Orders

  • Respondent's application for leave to appeal is not out of time