TSOI CHIK SANG LAWRENCE v. TASTY CATERING GROUP LTD AND OTHERS

TSOI CHIK SANG LAWRENCE v. TASTY CATERING GROUP LTD AND OTHERS

Where the Rules of the High Court confer the power to extend the time for commencing taxation on the taxing master (Order 62), applications for such extensions should be referred to the taxing master and dealt with by the taxing master (including by paper disposal); judges should not usurp that jurisdiction by invoking inherent or general case management powers when a specific procedure exists.

Citation
[2021] HKCFI 2749
Parties
Plaintiff (in His Personal Capacity and as the Administrator of the Estate of CHOI CHONG Ip, Deceased): TSOI CHIK SANG LAWRENCE; 1st Defendant: TASTY CATERING GROUP LIMITED; 2nd Defendant: FEDERAL MANAGEMENT LIMITED; 3rd Defendant: FONDUET INDUSTRIAL LIMITED; 4th Defendant: HANG HEUNG CAKE SHOP COMPANY LIMITED; 5th Defendant (discontinued): YIP TAI HIM; 6th Defendant (discontinued): LI KWOK TUNG; 7th Defendant: WONG WAI HANG RICKY; 8th Defendant: WONG WAI HUNG; 9th Defendant: CHENG HUNG KUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2021
Case Number
HCMP823/2018
Procedural Posture
Miscellaneous Proceedings (costs Taxation) / Application for Extension of Time to Commence Taxation; Summary Direction to Taxing Master for Paper Disposal After Hearing in Chambers
Outcome
The summons for extension of time to commence taxation is to be dealt with by a taxing master by way of paper disposal; no order as to costs for the circa 20 minutes' hearing; costs of the summons otherwise reserved to the taxing master.
Legal Topics
Extension of Time, Taxation of Costs, Jurisdiction of Taxing Master Vs Judge, Order 62 Rule 16 and 22, Order 1 B Case Management
Source Language
EN
Civil Procedure Costs Taxation Court Jurisdiction Case Management Extension of Time Taxation of Costs Jurisdiction of Taxing Master Vs Judge +2 more

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Parties

TSOI CHIK SANG LAWRENCE

Plaintiff (in His Personal Capacity and as the Administrator of the Estate of CHOI CHONG Ip, Deceased)

TASTY CATERING GROUP LIMITED

1st Defendant

FEDERAL MANAGEMENT LIMITED

2nd Defendant

FONDUET INDUSTRIAL LIMITED

3rd Defendant

HANG HEUNG CAKE SHOP COMPANY LIMITED

4th Defendant

YIP TAI HIM

5th Defendant (discontinued)

LI KWOK TUNG

6th Defendant (discontinued)

WONG WAI HANG RICKY

7th Defendant

WONG WAI HUNG

8th Defendant

CHENG HUNG KUNG

9th Defendant

Procedural Posture

Miscellaneous Proceedings (costs Taxation) / Application for Extension of Time to Commence Taxation; Summary Direction to Taxing Master for Paper Disposal After Hearing in Chambers

Legal Issues

  1. 1 Whether the taxing master or the judge has jurisdiction to extend the time to commence taxation after expiry of the 2 year period under Order 62, rule 22(7)
  2. 2 Whether the Court's inherent jurisdiction or case management powers under Order 1B justify a judge extending time in taxation matters
  3. 3 Whether the defendants' application for extension of time to commence taxation should be entertained out of time

Ratio Decidendi

Where the Rules of the High Court confer the power to extend the time for commencing taxation on the taxing master (Order 62), applications for such extensions should be referred to the taxing master and dealt with by the taxing master (including by paper disposal); judges should not usurp that jurisdiction by invoking inherent or general case management powers when a specific procedure exists.

Court Disposition

The summons for extension of time to commence taxation is to be dealt with by a taxing master by way of paper disposal; no order as to costs for the circa 20 minutes' hearing; costs of the summons otherwise reserved to the taxing master.

Orders

  • Summons to be dealt with by a taxing master by paper disposal
  • No order as to costs for the 20 minutes' hearing in chambers