LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER

The applications to vary the costs orders nisi were refused and the orders made absolute because the purported grounds arose only at the oral hearing, did not justify leave to appeal, could and should have been addressed in the court below, and therefore costs follow the event; the costs of the variation applications are to form part of the costs of the leave applications and there shall be legal aid taxation of the 3rd defendant's own costs.

Citation
LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER
Parties
Plaintiff: Plaintiffs (HCMP 2975/2014); Plaintiff: Plaintiff (HCMP 2976/2014); 3rd Defendant: Fok Wai Pong Dominic; 4th Defendant: Chen Raymond
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 2014
Case Number
HCMP2975/2014
Procedural Posture
Civil Applications for Leave to Appeal and Costs / Judgment on Applications to Vary Costs Orders Nisi Following Refusal of Leave to Appeal
Outcome
Applications to vary costs orders nisi refused; costs orders made absolute; costs of the variation applications to form part of the costs of the applications for leave to appeal; legal aid taxation of the 3rd defendant's own costs.
Legal Topics
Costs Orders, Variation of Costs, Leave to Appeal, Legal Aid Taxation, Injunction Interpretation
Source Language
EN
Civil Procedure Costs Injunctions Appeals Costs Orders Variation of Costs Leave to Appeal Legal Aid Taxation +1 more

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Parties

Plaintiffs (HCMP 2975/2014)

Plaintiff

Plaintiff (HCMP 2976/2014)

Plaintiff

Fok Wai Pong Dominic

3rd Defendant

Chen Raymond

4th Defendant

Procedural Posture

Civil Applications for Leave to Appeal and Costs / Judgment on Applications to Vary Costs Orders Nisi Following Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether the court should vary its costs order nisi to no order as to costs
  2. 2 Whether issues that emerged at oral hearing justified leave to appeal
  3. 3 Whether costs should follow the event

Ratio Decidendi

The applications to vary the costs orders nisi were refused and the orders made absolute because the purported grounds arose only at the oral hearing, did not justify leave to appeal, could and should have been addressed in the court below, and therefore costs follow the event; the costs of the variation applications are to form part of the costs of the leave applications and there shall be legal aid taxation of the 3rd defendant's own costs.

Court Disposition

Applications to vary costs orders nisi refused; costs orders made absolute; costs of the variation applications to form part of the costs of the applications for leave to appeal; legal aid taxation of the 3rd defendant's own costs.

Orders

  • The application to vary the costs order nisi in HCMP 2975/2014 is refused and the costs order nisi is made absolute.
  • The application to vary the costs order nisi in HCMP 2976/2014 is refused and the costs order nisi is made absolute.