N v. SECRETARY FOR SECURITY AND OTHERS

N v. SECRETARY FOR SECURITY AND OTHERS

The court exercised its discretion to vary the previous costs order nisi on a ground-by-ground basis: N must pay respondents' costs of her Expert Summons and of Grounds 1 and 2; there is no order as to costs for N's Grounds 3 and 4; M must pay respondents' costs of her Expert Summons and of Ground 2; respondents must pay M's costs of Ground 1; there is no order as to costs for M's Grounds 3 and 4; all costs awarded are to be taxed if not agreed with any set‑off applied; applicants' own costs to be taxed in accordance with legal aid regulations; and there is no order as to the costs of the variation application. The decision turned on the application of the ordinary rule that costs follow...

Citation
[2025] HKCFI 206
Parties
Applicant: N; Applicant: M; Putative Respondent: Secretary for Security; Putative Respondent: Commissioner of Police; Putative Respondent: Commissioner of Customs and Excise; Putative Respondent: Director of Immigration; Putative Respondent: Commissioner for Labour
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2025
Case Number
HCAL961/2021
Procedural Posture
Judicial Review (constitutional and Administrative Law) / Variation of Costs Order Nisi Following Judgment (decided on the Papers)
Outcome
Application to vary costs order nisi granted in part and denied in part; costs reallocated between applicants and respondents as specified; no order as to costs of the variation application; applicants' own costs taxed under legal aid regulations.
Legal Topics
Variation of Costs Order, Legal Aid, Public Interest Litigation, Expert Evidence Summons, Victim Identification Scheme
Source Language
EN
Constitutional Law Administrative Law Costs Immigration Law Human Trafficking Law Variation of Costs Order Legal Aid Public Interest Litigation +2 more

Case Brief

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
Sign in to unlock

Parties

N

Applicant

M

Applicant

Secretary for Security

Putative Respondent

Commissioner of Police

Putative Respondent

Commissioner of Customs and Excise

Putative Respondent

Director of Immigration

Putative Respondent

Commissioner for Labour

Putative Respondent

Procedural Posture

Judicial Review (constitutional and Administrative Law) / Variation of Costs Order Nisi Following Judgment (decided on the Papers)

Legal Issues

  1. 1 Whether the costs order nisi should be varied to award the respondents costs including costs of the Expert Summonses
  2. 2 Whether applicants' legal aid or impecuniosity is a relevant factor in awarding costs
  3. 3 Whether the public interest litigation exception to costs following the event applies

Ratio Decidendi

The court exercised its discretion to vary the previous costs order nisi on a ground-by-ground basis: N must pay respondents' costs of her Expert Summons and of Grounds 1 and 2; there is no order as to costs for N's Grounds 3 and 4; M must pay respondents' costs of her Expert Summons and of Ground 2; respondents must pay M's costs of Ground 1; there is no order as to costs for M's Grounds 3 and 4; all costs awarded are to be taxed if not agreed with any set‑off applied; applicants' own costs to be taxed in accordance with legal aid regulations; and there is no order as to the costs of the variation application. The decision turned on the application of the ordinary rule that costs follow...

Court Disposition

Application to vary costs order nisi granted in part and denied in part; costs reallocated between applicants and respondents as specified; no order as to costs of the variation application; applicants' own costs taxed under legal aid regulations.

Orders

  • N to pay respondents' costs of her Expert Summons (to be taxed if not agreed)
  • N to pay respondents' costs of Grounds 1 and 2 (to be taxed if not agreed)