XIAO LONG 對 LAM TAK YUEN

XIAO LONG 對 LAM TAK YUEN

The respondent's leave application was so brief and presented no issue of general or public importance that little work was required of the applicant; accordingly the applicant's claimed costs of HK$86,730 were excessive and the Court assessed a reasonable costs award at HK$30,000 to be paid by the respondent to the...

Source-derived case information.

Citation
[2024] HKCA 800
Parties
Applicant: XIAO LONG; Respondent: LAM TAK YUEN
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 August 2024
Case Number
CACV325/2022
Procedural Posture
Civil Appeal (employees' Compensation) / Appeal to Court of Appeal – Permission to Appeal Application and Costs Assessment
Outcome
Costs awarded to Applicant; Respondent ordered to pay assessed costs.
Legal Topics
Permission to Appeal, Costs Assessment, Proportionality of Costs, Leave to Appeal to Final Court
Source Language
ch
Civil Procedure Employment Law Employees' Compensation Costs and Litigation Funding Permission to Appeal Costs Assessment Proportionality of Costs Leave to Appeal to Final Court

Source-derived case record

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Parties

XIAO LONG

Applicant

LAM TAK YUEN

Respondent

Procedural Posture

Civil Appeal (employees' Compensation) / Appeal to Court of Appeal – Permission to Appeal Application and Costs Assessment

Legal Issues

  1. 1 Whether the respondent's application for leave to appeal to the Court of Final Appeal raised arguable or public importance issues
  2. 2 Whether the applicant's claimed costs for responding to the leave application were reasonable and proportionate
  3. 3 Whether and what level of costs should be ordered against a self-represented litigant who filed a perfunctory leave application

Ratio Decidendi

The respondent's leave application was so brief and presented no issue of general or public importance that little work was required of the applicant; accordingly the applicant's claimed costs of HK$86,730 were excessive and the Court assessed a reasonable costs award at HK$30,000 to be paid by the respondent to the applicant.

Court Disposition

Costs awarded to Applicant; Respondent ordered to pay assessed costs.

Orders

  • Respondent LAM TAK YUEN to pay Applicant XIAO LONG costs in the sum of HK$30,000