WONG SUET FOON SHIRLY 對 COLLECTOR OF STAMP REVENUE

WONG SUET FOON SHIRLY 對 COLLECTOR OF STAMP REVENUE

The court held that the respondent, having filed and then withdrawn the leave to appeal application, must pay the appellant's costs of that application; the appellant's unrepresented status does not bar an award of costs but is relevant to assessment; costs were assessed summarily at HK$2,000.

Source-derived case information.

Citation
[2021] HKCA 1518
Parties
Appellant: WONG SUET FOON SHIRLY; Respondent: COLLECTOR OF STAMP REVENUE
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 October 2021
Case Number
CACV66/2020
Procedural Posture
Civil Appeal (stamp Duty Assessment) / Post Judgment Costs Application (withdrawal of Leave to Appeal)
Outcome
Withdrawal of the respondent's application for leave to appeal approved; respondent ordered to pay the appellant's costs for the leave application.
Legal Topics
Permission to Appeal, Withdrawal of Application, Costs of Withdrawn Application, Assessment of Costs, Unrepresented Litigant
Source Language
ch
Civil Procedure Tax Law Stamp Duty Costs Law Permission to Appeal Withdrawal of Application Costs of Withdrawn Application Assessment of Costs +1 more

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Parties

WONG SUET FOON SHIRLY

Appellant

COLLECTOR OF STAMP REVENUE

Respondent

Procedural Posture

Civil Appeal (stamp Duty Assessment) / Post Judgment Costs Application (withdrawal of Leave to Appeal)

  1. 1 Whether the respondent must pay the appellant's costs arising from the filing and subsequent withdrawal of an application for leave to appeal
  2. 2 Whether the appellant's lack of legal representation precludes an award of costs or reduces entitlement
  3. 3 What method and amount of costs are appropriate on summary assessment

Ratio Decidendi

The court held that the respondent, having filed and then withdrawn the leave to appeal application, must pay the appellant's costs of that application; the appellant's unrepresented status does not bar an award of costs but is relevant to assessment; costs were assessed summarily at HK$2,000.

Court Disposition

Withdrawal of the respondent's application for leave to appeal approved; respondent ordered to pay the appellant's costs for the leave application.

Orders

  • Approval of respondent's withdrawal of the Notice of Motion for leave to appeal
  • Respondent to pay appellant's costs of the Notice of Motion assessed summarily at HK$2,000