CHOI FAI KI FRANK 對 何居禮

CHOI FAI KI FRANK 對 何居禮

Because the respondent expressly withdrew the leave application and the applicant did not oppose the withdrawal, the court allowed the withdrawal and ordered costs against the respondent; on simplified assessment the court reduced claimed costs for duplicate work and excluded costs for preparing the costs statement,...

Source-derived case information.

Citation
[2024] HKCA 411
Parties
Applicant: CHOI FAI KI FRANK; Respondent: 何居禮
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 May 2024
Case Number
CAMP17/2024
Procedural Posture
Application for Permission to Appeal From Lands Tribunal Decision / Leave to Appeal Application Withdrawn; Application for Withdrawal and Costs Assessment
Outcome
Withdrawal of the leave to appeal application approved; leave application withdrawn; respondent ordered to pay applicant's costs assessed on simplified basis.
Legal Topics
Leave to Appeal, Withdrawal of Appeal, Assessment of Costs, Summary Disposal
Source Language
ch
Civil Procedure Landlord and Tenant Appeals Costs Leave to Appeal Withdrawal of Appeal Assessment of Costs Summary Disposal

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Parties

CHOI FAI KI FRANK

Applicant

何居禮

Respondent

Procedural Posture

Application for Permission to Appeal From Lands Tribunal Decision / Leave to Appeal Application Withdrawn; Application for Withdrawal and Costs Assessment

  1. 1 whether to allow withdrawal of the leave to appeal application
  2. 2 whether respondent should be ordered to pay applicant's costs for the leave application
  3. 3 quantum of costs recoverable under the simplified procedure and applicable deductions

Ratio Decidendi

Because the respondent expressly withdrew the leave application and the applicant did not oppose the withdrawal, the court allowed the withdrawal and ordered costs against the respondent; on simplified assessment the court reduced claimed costs for duplicate work and excluded costs for preparing the costs statement, fixing reasonable costs at HKD 3,900.

Court Disposition

Withdrawal of the leave to appeal application approved; leave application withdrawn; respondent ordered to pay applicant's costs assessed on simplified basis.

Orders

  • Approve withdrawal of CAMP 17/2024 (leave application filed 25 January 2024)
  • Withdraw the respondent's application for permission to appeal