CHAN PAK WING 及另一人 對 CHU HSIAO LAN

CHAN PAK WING 及另一人 對 CHU HSIAO LAN

Plaintiffs failed to comply with the court's directions to effect service by 10 November 2021; absent clear proof of earlier arrival, service is treated as after 10 November, therefore costs attributable to the late-served affidavit are disallowed and the defendant is ordered to pay assessed costs of HK$3,000 to the plaintiffs.

Citation
[2021] HKDC 1594
Parties
First Plaintiff: CHAN PAK WING; Second Plaintiff: CHAN LAI KUEN; Defendant: CHU HSIAO LAN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 December 2021
Case Number
DCCJ6400/2019
Procedural Posture
Civil Application for Leave to Appeal (costs Assessment) / Costs Assessment (summary)
Outcome
Defendant ordered to pay plaintiffs' costs assessed at HK$3,000; costs relating to the affidavit that was not served in accordance with directions disallowed.
Legal Topics
Service of Process, Costs Assessment, Leave to Appeal
Source Language
CH
Civil Procedure Costs Service of Process Costs Assessment Leave to Appeal

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Parties

CHAN PAK WING

First Plaintiff

CHAN LAI KUEN

Second Plaintiff

CHU HSIAO LAN

Defendant

Procedural Posture

Civil Application for Leave to Appeal (costs Assessment) / Costs Assessment (summary)

Legal Issues

  1. 1 Whether plaintiffs complied with the court's directions for service by 10 November 2021
  2. 2 Proper date to treat as service when documents are posted by ordinary mail
  3. 3 Whether costs for a document not served in accordance with directions should be allowed in summary assessment

Ratio Decidendi

Plaintiffs failed to comply with the court's directions to effect service by 10 November 2021; absent clear proof of earlier arrival, service is treated as after 10 November, therefore costs attributable to the late-served affidavit are disallowed and the defendant is ordered to pay assessed costs of HK$3,000 to the plaintiffs.

Court Disposition

Defendant ordered to pay plaintiffs' costs assessed at HK$3,000; costs relating to the affidavit that was not served in accordance with directions disallowed.

Orders

  • Defendant to pay plaintiffs' costs of the leave to appeal application assessed summarily at HK$3,000.