譚 對 歐陽及另二人

譚 對 歐陽及另二人

The applicant's renewed contentions were repetitions of issues already determined and provided no sufficient reason to depart from the ordinary rule that costs follow the event; therefore the application to vary the costs order is dismissed and the applicant must pay the respondent's costs, to be taxed if not agreed.

Source-derived case information.

Citation
[2023] HKCA 1355
Parties
Petitioner: 譚; First Respondent: 歐陽; Second Respondent: 譚; Third Respondent: 劉
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 December 2023
Case Number
CAMP276/2022
Procedural Posture
Appeal (family/divorce) / Costs Judgment (post Appeal)
Outcome
Application dismissed; costs awarded to respondent
Legal Topics
Costs Following the Event, Consent Orders, Leave to Appeal, Property Transfer, Summary Disposal
Source Language
ch
Family Law Civil Procedure Costs Law Costs Following the Event Consent Orders Leave to Appeal Property Transfer Summary Disposal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Petitioner

歐陽

First Respondent

Second Respondent

Third Respondent

Procedural Posture

Appeal (family/divorce) / Costs Judgment (post Appeal)

  1. 1 Whether the applicant (first respondent) should be relieved from the ordinary rule that costs follow the event after dismissal of her application for leave to appeal
  2. 2 Whether allegations concerning improper transfer of property and invalidity of prior consent agreements justify departing from the ordinary costs rule
  3. 3 Whether the application should be determined on papers without oral hearing

Ratio Decidendi

The applicant's renewed contentions were repetitions of issues already determined and provided no sufficient reason to depart from the ordinary rule that costs follow the event; therefore the application to vary the costs order is dismissed and the applicant must pay the respondent's costs, to be taxed if not agreed.

Court Disposition

Application dismissed; costs awarded to respondent

Orders

  • The summons dated 3 July 2023 (application to vary the costs order) is dismissed.
  • The applicant (歐陽) must pay the respondent (譚) the costs of the 3 July 2023 summons.