CHAN KA KIN v. LAI KAM TONG AND ANOTHER

CHAN KA KIN v. LAI KAM TONG AND ANOTHER

The court adjourned the appeal to obtain the transcript, granted the 1st defendant leave to issue the notice of appeal out of time because the delay was minimal and unopposed, and ordered that the 1st defendant bear the costs occasioned by the adjournment and pay the 2nd defendant's costs for attendance today; the 1st defendant's own costs are to be taxed in accordance with Legal Aid Regulations because the 1st defendant failed to place the necessary matters (the transcript) before the court and so caused wasted costs.

Citation
CHAN KA KIN v. LAI KAM TONG AND ANOTHER
Parties
Plaintiff: Plaintiff; First Defendant: 1st Defendant; Second Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2008
Case Number
HCPI698/2007
Procedural Posture
Appeal Against Master's Costs Order (civil) / Interlocutory Appeal — Adjournment and Costs Hearing
Outcome
Appeal adjourned; leave to issue notice of appeal out of time granted; costs orders made against 1st defendant
Legal Topics
Costs Orders, Leave to Appeal Out of Time, Adjournment, Wasted Costs, Taxation of Costs Under Legal Aid Regulations
Source Language
EN
Civil Procedure Costs Appeal Costs Orders Leave to Appeal Out of Time Adjournment Wasted Costs Taxation of Costs Under Legal Aid Regulations

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

First Defendant

2nd Defendant

Second Defendant

Procedural Posture

Appeal Against Master's Costs Order (civil) / Interlocutory Appeal — Adjournment and Costs Hearing

Legal Issues

  1. 1 Whether the master's costs order was appealable or erroneous in law or unreasonable
  2. 2 Whether leave should be granted to issue the notice of appeal out of time
  3. 3 Which party should bear the costs of the adjournment caused by failure to obtain transcript

Ratio Decidendi

The court adjourned the appeal to obtain the transcript, granted the 1st defendant leave to issue the notice of appeal out of time because the delay was minimal and unopposed, and ordered that the 1st defendant bear the costs occasioned by the adjournment and pay the 2nd defendant's costs for attendance today; the 1st defendant's own costs are to be taxed in accordance with Legal Aid Regulations because the 1st defendant failed to place the necessary matters (the transcript) before the court and so caused wasted costs.

Court Disposition

Appeal adjourned; leave to issue notice of appeal out of time granted; costs orders made against 1st defendant

Orders

  • Adjourn the appeal to a date to be fixed before any judge; estimated length 2 hours
  • Leave granted to the 1st defendant to issue the notice of appeal out of time (notice issued 4 days late)