LEUNG KIT HING, DORIS v. ELECTORAL AFFAIRS COMMISSION

LEUNG KIT HING, DORIS v. ELECTORAL AFFAIRS COMMISSION

The taxation proceedings were timely because the registry closure extended the deadline under s71(1A) IGC Ordinance and Order 3 r4, and even if out of time the court would have extended time due to COVID‑19 closure and absence of prejudice; counsel did not concede no order as to costs and the Costs Order was final...

Source-derived case information.

Citation
[2020] HKCFI 2377
Parties
Applicant: leung kit hing, doris; Putative Respondent: ELECTORAL AFFAIRS COMMISSION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 2020
Case Number
HCAL1016/2017
Procedural Posture
Judicial Review and Costs Proceedings / Chambers Hearing and Decision on Summonses Relating to Taxation and Variation of Costs Order
Outcome
May and September Summonses dismissed
Legal Topics
Costs, Taxation of Costs, Limitation and Computation of Time, Service of Documents, Adjournment, Abuse of Process
Source Language
en
Administrative Law Civil Procedure Constitutional Law Costs Taxation of Costs Limitation and Computation of Time Service of Documents Adjournment +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

leung kit hing, doris

Applicant

ELECTORAL AFFAIRS COMMISSION

Putative Respondent

Procedural Posture

Judicial Review and Costs Proceedings / Chambers Hearing and Decision on Summonses Relating to Taxation and Variation of Costs Order

Legal Issues

  1. 1 Whether taxation proceedings were commenced in time under Order 62
  2. 2 Whether the Costs Order dated 9 February 2018 should be set aside
  3. 3 Whether the May and September summonses should be adjourned or otherwise granted

Ratio Decidendi

The taxation proceedings were timely because the registry closure extended the deadline under s71(1A) IGC Ordinance and Order 3 r4, and even if out of time the court would have extended time due to COVID‑19 closure and absence of prejudice; counsel did not concede no order as to costs and the Costs Order was final and sealed; the applicant's repeated attempts to set aside the Costs Order were abusive and without merit, justifying dismissal of the summonses with costs.

Court Disposition

May and September Summonses dismissed

Orders

  • May and September Summonses dismissed with costs to the Electoral Affairs Commission
  • Electoral Affairs Commission's costs summarily assessed at HK$13,708.00