SO SAI MING v. THE KOWLOON MOTOR BUS CO (1993) LTD AND ANOTHER

SO SAI MING v. THE KOWLOON MOTOR BUS CO (1993) LTD AND ANOTHER

The High Court has power under section 29(2) of the Small Claims Tribunal Ordinance to award legal costs on an appeal from the Small Claims Tribunal because the appellate phrase 'as it thinks fit' confers discretion to include legal costs; therefore the original costs order need not be amended under the slip rule and the Registrar's taxation need not be reviewed on that basis.

Citation
SO SAI MING v. THE KOWLOON MOTOR BUS CO (1993) LTD AND ANOTHER
Parties
Claimant / Respondent: So Sai Ming; 1st Defendant / 1st Appellant: The Kowloon Motor Bus Co. (1993) Ltd.; 2nd Defendant / 2nd Appellant: Leung Hing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 1997
Case Number
HCSA1/1994
Procedural Posture
Appeal From Small Claims Tribunal to High Court / Post Appeal Applications to Amend Costs Order Under Order 20 R11 and Review Taxation Under Order 65 R35/1; Judgment Disposing of Those Applications
Outcome
Both applications by the applicant dismissed with costs.
Legal Topics
Costs of Appeal, Small Claims Tribunal Ordinance Interpretation, Jurisdiction to Award Legal Costs, Slip Rule, Taxation of Costs
Source Language
EN
Civil Procedure Costs Law Statutory Interpretation Appeal Law Costs of Appeal Small Claims Tribunal Ordinance Interpretation Jurisdiction to Award Legal Costs Slip Rule +1 more

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Parties

So Sai Ming

Claimant / Respondent

The Kowloon Motor Bus Co. (1993) Ltd.

1st Defendant / 1st Appellant

Leung Hing

2nd Defendant / 2nd Appellant

Procedural Posture

Appeal From Small Claims Tribunal to High Court / Post Appeal Applications to Amend Costs Order Under Order 20 R11 and Review Taxation Under Order 65 R35/1; Judgment Disposing of Those Applications

Legal Issues

  1. 1 Whether the High Court has power under the Small Claims Tribunal Ordinance to award legal costs on an appeal from the Small Claims Tribunal
  2. 2 Whether the original costs order should be amended under the slip rule/Order 20 r11 to exclude legal costs
  3. 3 Whether the Registrar's taxation should be reviewed under Order 65 r35/1 if amendment succeeds

Ratio Decidendi

The High Court has power under section 29(2) of the Small Claims Tribunal Ordinance to award legal costs on an appeal from the Small Claims Tribunal because the appellate phrase 'as it thinks fit' confers discretion to include legal costs; therefore the original costs order need not be amended under the slip rule and the Registrar's taxation need not be reviewed on that basis.

Court Disposition

Both applications by the applicant dismissed with costs.

Orders

  • Application under Order 20 r11 to amend the costs order is dismissed.
  • Application to review the Registrar's taxation under Order 65 r35/1 is dismissed.