晨曦樓業主立案法團 對 唐偉德

晨曦樓業主立案法團 對 唐偉德

Having refused the defendant's application for leave to appeal out of time, the court exercised its discretion to assess costs, reduced the plaintiff's claimed bill from HK$36,989 and fixed recoverable costs at HK$30,000; the court declined to consider the defendant's application to vary the judgment because the...

Source-derived case information.

Citation
[2018] HKCA 215
Parties
Plaintiff: THE INCORPORATED OWNERS OF MORNING RAY MANSION (晨曦樓業主立案法團); Defendant: TONG WAI TAK (唐偉德)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 April 2018
Case Number
CAMP57/2017
Procedural Posture
Appeal — Application for Leave to Appeal Out of Time; Costs Assessment / Costs Determination (post Decision)
Outcome
Defendant's application for leave to appeal out of time was refused (12 March 2018). Defendant ordered to pay the plaintiff's costs, which are fixed at HK$30,000.
Legal Topics
Costs Assessment, Extension of Time to Appeal, Leave to Appeal, Variation of Judgment
Source Language
ch
Civil Procedure Appeals Costs Costs Assessment Extension of Time to Appeal Leave to Appeal Variation of Judgment

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Parties

THE INCORPORATED OWNERS OF MORNING RAY MANSION (晨曦樓業主立案法團)

Plaintiff

TONG WAI TAK (唐偉德)

Defendant

Procedural Posture

Appeal — Application for Leave to Appeal Out of Time; Costs Assessment / Costs Determination (post Decision)

Legal Issues

  1. 1 Whether the defendant's application for leave to appeal out of time should be granted
  2. 2 Whether the defendant's subsequent application to vary the judgment should be considered
  3. 3 What quantum of costs should be awarded to the plaintiff

Ratio Decidendi

Having refused the defendant's application for leave to appeal out of time, the court exercised its discretion to assess costs, reduced the plaintiff's claimed bill from HK$36,989 and fixed recoverable costs at HK$30,000; the court declined to consider the defendant's application to vary the judgment because the application had already been determined.

Court Disposition

Defendant's application for leave to appeal out of time was refused (12 March 2018). Defendant ordered to pay the plaintiff's costs, which are fixed at HK$30,000.

Orders

  • Defendant to pay plaintiff's costs of the appeal fixed at HK$30,000.
  • Court will not consider defendant's application to vary the judgment as the application had already been determined.