KO SIN YUN v. CHAN CHUEN

KO SIN YUN v. CHAN CHUEN

Leave to appeal was refused because the judge correctly found the judgment to be regular, the defendant delayed nine months before applying to set it aside, and no demonstrable flaw in the exercise of judicial discretion on costs was shown to justify departing from the normal practice that the applicant bears costs.

Citation
KO SIN YUN v. CHAN CHUEN
Parties
Plaintiff: KO SIN YUN; Defendant: CHAN CHUEN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 April 2006
Case Number
DCCJ6693/2004
Procedural Posture
Civil / Application for Leave to Appeal Against Costs Order Arising From Setting Aside of Default Judgment
Outcome
Leave to appeal refused; costs awarded to plaintiff
Legal Topics
Setting Aside Judgment in Default, Costs Orders, Leave to Appeal, Delay in Seeking Relief
Source Language
EN
Civil Procedure Costs Appeal Default Judgment Setting Aside Judgment in Default Costs Orders Leave to Appeal Delay in Seeking Relief

Case Brief

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Parties

KO SIN YUN

Plaintiff

CHAN CHUEN

Defendant

Procedural Posture

Civil / Application for Leave to Appeal Against Costs Order Arising From Setting Aside of Default Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the costs order
  2. 2 Whether the default judgment was a regular judgment
  3. 3 Whether the judge exercised discretion on costs properly or demonstrably flawed

Ratio Decidendi

Leave to appeal was refused because the judge correctly found the judgment to be regular, the defendant delayed nine months before applying to set it aside, and no demonstrable flaw in the exercise of judicial discretion on costs was shown to justify departing from the normal practice that the applicant bears costs.

Court Disposition

Leave to appeal refused; costs awarded to plaintiff

Orders

  • Refuse leave to appeal against the costs order
  • Award costs of the application and the hearing on 4 April 2006 to the plaintiff