Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discharge of charging orders

  • 20 Jul 1999

    RE MADAM TAN

    Citation
    RE MADAM TAN
    Court
    Court of First Instance
    Case number
    HCA6086/1994

    There was an inordinate and inexcusable period of delay (approximately 8–9 months unaccounted for) by the receiving party in procuring and filing bills of costs; the taxing master has discretion to reduce taxed costs for undue delay without proof of prejudice; applying that discretion in the facts of these four matters, the appropriate remedy is a global reduction of 8% of each taxed bill and reinstatement of items relating to costs of taxation, with a further hearing to determine particulars.

  • 20 Jul 1999

    RE MADAM TAN

    Citation
    RE MADAM TAN
    Court
    District Court
    Case number
    DCCJ14567/1994

    Receiving party failed to proceed with taxation with reasonable promptitude, producing an inexcusable/unaccounted delay of approximately eight to nine months; proof of prejudice is not required to exercise the discretion under RHC O62 r22(3) and r7(5); appropriate remedy is a global reduction of 8% of the taxed costs in each of the four bills and reinstatement of items relating to costs of taxation, with an adjourned hearing to deal with re‑instated items and costs.

  • 20 Jul 1999

    RE MADAM TAN

    Citation
    RE MADAM TAN
    Court
    Court of First Instance
    Case number
    HCA6665/1994

    The receiving party failed to act with reasonable speed after the costs orders; there were 8–9 months unaccounted for and the receiving party did not explain delays between lodging drafts and following up. Under RHC O62 r22(3) and r7(5) the taxing master may reduce taxed costs for undue delay and proof of prejudice is not a prerequisite; accordingly the appropriate sanction on these facts is a global reduction of 8% to each taxed bill with re-instatement of previously taxed-off items relating to costs of taxation and a further hearing to determine those items.