CHOW SAI HUNG RONALD v. AUTHORIZED PERSONS\', REGISTERED STRUCTURAL ENGINEERS\' AND REGISTERED GEOTECHNICAL ENGINEERS\' DISCIPLINARY BOARD Appointed to inquire into the misconduct of the Appellant

CHOW SAI HUNG RONALD v. AUTHORIZED PERSONS\', REGISTERED STRUCTURAL ENGINEERS\' AND REGISTERED GEOTECHNICAL ENGINEERS\' DISCIPLINARY BOARD Appointed to inquire into the misconduct of the Appellant

The Disciplinary Board's costs order lacked sufficient explanation for many individual items and for the disparity with the maximum fine; the High Court was entitled to reassess costs, allowing reasonable tribunal disbursements and disallowing unnecessary or unreasoned items, and ordered the Board's costs at HKD 160,000 on an indemnity basis (after discount) and the Authority's costs at HKD 115,000 on a party-and-party basis, totalling HKD 275,000; no order as to costs of the appeal application.

Citation
CHOW SAI HUNG RONALD v. AUTHORIZED PERSONS\', REGISTERED STRUCTURAL ENGINEERS\' AND REGISTERED GEOTECHNICAL ENGINEERS\' DISCIPLINARY BOARD Appointed to inquire into the misconduct of the Appellant
Parties
Appellant: Chow Sai Hung Ronald; Respondent: Authorized Persons, Registered Structural Engineers and Registered Geotechnical Engineers Disciplinary Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 June 2010
Case Number
HCMP290/2010
Procedural Posture
Appeal Under Buildings Ordinance S.7 and Order 55 Challenging Costs Order / Judgment on Appeal (costs Reassessment)
Outcome
Appeal allowed in part; original costs order varied and reassessed
Legal Topics
Disciplinary Proceedings, Costs Assessment, Judicial Review of Tribunal Discretion, Proportionality of Costs, Indemnity Vs Party and Party Costs
Source Language
EN
Administrative Law Professional Discipline Civil Procedure Public Law Disciplinary Proceedings Costs Assessment Judicial Review of Tribunal Discretion Proportionality of Costs +1 more

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Parties

Chow Sai Hung Ronald

Appellant

Authorized Persons, Registered Structural Engineers and Registered Geotechnical Engineers Disciplinary Board

Respondent

Procedural Posture

Appeal Under Buildings Ordinance S.7 and Order 55 Challenging Costs Order / Judgment on Appeal (costs Reassessment)

Legal Issues

  1. 1 Whether to interfere with the Disciplinary Board's discretion in awarding costs
  2. 2 Whether the Disciplinary Board's assessed costs were excessive
  3. 3 Whether the Building Authority's assessed costs were excessive

Ratio Decidendi

The Disciplinary Board's costs order lacked sufficient explanation for many individual items and for the disparity with the maximum fine; the High Court was entitled to reassess costs, allowing reasonable tribunal disbursements and disallowing unnecessary or unreasoned items, and ordered the Board's costs at HKD 160,000 on an indemnity basis (after discount) and the Authority's costs at HKD 115,000 on a party-and-party basis, totalling HKD 275,000; no order as to costs of the appeal application.

Court Disposition

Appeal allowed in part; original costs order varied and reassessed

Orders

  • Disciplinary Board's costs re-assessed at HKD 160000 to be paid by the Appellant (assessed on an indemnity basis with a discount)
  • Building Authority's costs re-assessed at HKD 115000 to be paid by the Appellant (assessed on a party-and-party basis)