“DR. Z” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER

“DR. Z” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER

The Court varied the order nisi: it accepted the Council's submission that Dr Z's judicial review against the Council was premature because there was no extant Council decision to challenge and therefore Dr Z must pay the Council's costs; it accepted the EAC was entitled to separate representation and to its costs because it is a distinct statutory sub‑committee whose decisions and jurisdictional issues were separately litigated, and therefore the applicants must pay the EAC's costs; the Council remains liable for half the costs of Drs X and Y as previously ordered.

Citation
“DR. Z” v. THE EDUCATION AND ACCREDITATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
Parties
Applicant: Dr. X; Applicant: Dr. Y; Applicant: Dr. Z; 1st Respondent: Education and Accreditation Committee of the Medical Council of Hong Kong; 2nd Respondent: The Medical Council of Hong Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 February 2012
Case Number
HCAL108/2010
Procedural Posture
Judicial Review / Judgment on Costs and Variation of Order Nisi
Outcome
Order nisi varied: Council to pay half the costs of Drs X and Y; Dr Z to pay the Council's costs; Drs X, Y and Z to pay the EAC's costs; Council and EAC entitled to costs of their summonses.
Legal Topics
Costs Orders, Apparent Bias, Prematurity of Judicial Review, Separate Representation, Statutory Appeals Under MRO
Source Language
EN
Administrative Law Public Law Procedural Law Costs Orders Apparent Bias Prematurity of Judicial Review Separate Representation Statutory Appeals Under MRO

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Parties

Dr. X

Applicant

Dr. Y

Applicant

Dr. Z

Applicant

Education and Accreditation Committee of the Medical Council of Hong Kong

1st Respondent

The Medical Council of Hong Kong

2nd Respondent

Procedural Posture

Judicial Review / Judgment on Costs and Variation of Order Nisi

Legal Issues

  1. 1 Whether the costs order nisi should be varied
  2. 2 Whether Dr Z's judicial review against the Council was premature because no Council decision existed
  3. 3 Whether the EAC was entitled to its own costs and separate representation despite partial applicant success

Ratio Decidendi

The Court varied the order nisi: it accepted the Council's submission that Dr Z's judicial review against the Council was premature because there was no extant Council decision to challenge and therefore Dr Z must pay the Council's costs; it accepted the EAC was entitled to separate representation and to its costs because it is a distinct statutory sub‑committee whose decisions and jurisdictional issues were separately litigated, and therefore the applicants must pay the EAC's costs; the Council remains liable for half the costs of Drs X and Y as previously ordered.

Court Disposition

Order nisi varied: Council to pay half the costs of Drs X and Y; Dr Z to pay the Council's costs; Drs X, Y and Z to pay the EAC's costs; Council and EAC entitled to costs of their summonses.

Orders

  • The Council shall pay half of the costs of Dr X and Dr Y, to be taxed if not agreed, with certificate for two counsel.
  • Dr Z shall pay the costs of the Council, to be taxed if not agreed, with certificate for two counsel.