DCB v. AB

DCB v. AB

The Mother was the successful party on the interim maintenance application; the Father failed to make reasonable offers or to respond to Calderbank/without prejudice save as to costs correspondence, had significantly higher after-tax income, and made no voluntary payments; therefore costs should follow the event and the Father must pay the Mother’s costs of the interim maintenance application, to be taxed if not agreed.

Citation
DCB v. AB
Parties
Plaintiff (mother): DCB; Defendant (father): AB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 November 2017
Case Number
HCMP2173/2014
Procedural Posture
Wardship / Guardianship Proceedings; Interim Maintenance Application / Costs Decision (reserved Costs After Judgment)
Outcome
Father ordered to pay the Mother’s costs of and incidental to her application for interim maintenance under her summons of 16 March 2016, including the present costs argument; costs to be taxed if not agreed; Mother’s legal aid costs to be taxed under Legal Aid Regulations where applicable.
Legal Topics
Interim Maintenance, Wardship, Costs Against Unsuccessful Party, Calderbank / Without Prejudice Save as to Costs, Custody and Access
Source Language
EN
Family Law Guardianship Child Maintenance Civil Procedure Costs Interim Maintenance Wardship Costs Against Unsuccessful Party Calderbank / Without Prejudice Save as to Costs +1 more

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Parties

DCB

Plaintiff (mother)

AB

Defendant (father)

Procedural Posture

Wardship / Guardianship Proceedings; Interim Maintenance Application / Costs Decision (reserved Costs After Judgment)

Legal Issues

  1. 1 Whether costs should follow the event in interim maintenance proceedings involving a ward of court
  2. 2 Whether the Father should be ordered to pay the Mother’s costs of the interim maintenance application
  3. 3 The evidential weight and effect of a disputed late settlement letter (alleged 14.07.2016) and Calderbank/without prejudice save as to costs correspondence

Ratio Decidendi

The Mother was the successful party on the interim maintenance application; the Father failed to make reasonable offers or to respond to Calderbank/without prejudice save as to costs correspondence, had significantly higher after-tax income, and made no voluntary payments; therefore costs should follow the event and the Father must pay the Mother’s costs of the interim maintenance application, to be taxed if not agreed.

Court Disposition

Father ordered to pay the Mother’s costs of and incidental to her application for interim maintenance under her summons of 16 March 2016, including the present costs argument; costs to be taxed if not agreed; Mother’s legal aid costs to be taxed under Legal Aid Regulations where applicable.

Orders

  • Father to pay the Mother’s costs of and incidental to the interim maintenance application (summons dated 16 March 2016) including costs of the present costs argument
  • Such costs to be taxed if not agreed