YIP MEI NA 對 CHOW LAP KWOK PATRICK 及另二人

YIP MEI NA 對 CHOW LAP KWOK PATRICK 及另二人

The Court dismissed (withdrawn) the summons because the applicant failed to comply with mandatory filing and service requirements and the respondents reasonably incurred costs in opposing the application; the court ordered the applicant to pay the respondents' costs of the application and assessed those costs at...

Source-derived case information.

Citation
YIP MEI NA 對 CHOW LAP KWOK PATRICK 及另二人
Parties
Applicant: YIP MEI NA; Respondent: CHOW LAP KWOK PATRICK; Respondent: CHOW TSING KIN STEPHEN; Respondent: CHOW YIP WAI YEE
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 November 2017
Case Number
CAMP29/2017
Procedural Posture
Civil Appeal (leave to Appeal) / Application for Leave to Appeal to the Court of Appeal; Summons Dismissed
Outcome
The summons dated 25 September 2017 is dismissed (treated as withdrawn); applicant ordered to pay respondents' costs.
Legal Topics
Leave to Appeal, Service of Documents, Withdrawal of Application, Costs Assessment
Source Language
ch
Civil Procedure Appeal Costs Leave to Appeal Service of Documents Withdrawal of Application Costs Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

YIP MEI NA

Applicant

CHOW LAP KWOK PATRICK

Respondent

CHOW TSING KIN STEPHEN

Respondent

CHOW YIP WAI YEE

Respondent

Procedural Posture

Civil Appeal (leave to Appeal) / Application for Leave to Appeal to the Court of Appeal; Summons Dismissed

Legal Issues

  1. 1 Whether the applicant complied with Order 59 r2A(1) of the High Court Rules and Practice Direction 4.1 Part B when applying for leave to appeal
  2. 2 Whether the summons should be dismissed or treated as withdrawn
  3. 3 Whether the respondent is entitled to recover costs reasonably incurred as a result of the application and the appropriate quantum of those costs

Ratio Decidendi

The Court dismissed (withdrawn) the summons because the applicant failed to comply with mandatory filing and service requirements and the respondents reasonably incurred costs in opposing the application; the court ordered the applicant to pay the respondents' costs of the application and assessed those costs at HKD4,500.

Court Disposition

The summons dated 25 September 2017 is dismissed (treated as withdrawn); applicant ordered to pay respondents' costs.

Orders

  • Summons dated 25 September 2017 dismissed
  • Applicant YIP MEI NA to pay respondents' costs of the application assessed at HKD4,500