Hong Kong Case Law: Decisions & Judgments

Topic

Legal aid ordinance

Legal area

Court

31 Jan 2018

CHEUNG PING SUM v. WONG CHI HANG

Citation

[2018] HKCFI 212
Court

Court of First Instance
Case number

HCA289/2017

Immediate order for taxation and payment was refused and summary assessment deferred because the defendant is on legal aid which limits liability under Legal Aid Ordinance s.16C(1)(b)(ii) until any contribution is determined, and Order 62 r.9D(3) prohibits earlier taxation; accordingly the nisi order was modified to allow taxation if not agreed and to tax the defendant's costs under the Legal Aid Regulations at the appropriate time.
20 Jul 2017

RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE

Citation

RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE
Court

District Court
Case number

DCEC867/2015

The court granted the applicant's variation application and set aside the 50% split of the duplicated costs because, in the factual context of an aided plaintiff facing likely Fund Board relief and an insolvent employer, maintaining the split would create a real risk that the plaintiff's damages would be substantially diminished by the Director's common fund charge; this risk could be avoided and employer prejudice prevented by removing the split while imposing safeguards to prevent duplication of recovery.
2 Mar 2017

TANG WAI LEUNG v. TANG WAI CHO

Citation

TANG WAI LEUNG v. TANG WAI CHO
Court

Court of First Instance
Case number

HCSD7/2016

The court held that set-off was not available in the present circumstances because the taxed costs in favour of the legally aided party were beneficially held by the Director under LAO (s18A and s19A) and no written direction from the Director or a court order under s18A(4) permitted set-off; the beneficiaries of the competing costs orders differed (DLA v Leung), DLA had already been paid for the period covered by legal aid, and therefore there was no ground to set aside the statutory demand. The court nonetheless recognised that the court retains discretion under s18A(4) to order set-off in…
30 Oct 2013

LIU WAI KEUNG v. LIU WAI MAN

Citation

LIU WAI KEUNG v. LIU WAI MAN
Court

Court of First Instance
Case number

HCA1106/2011

The application to lift the statutory stay was dismissed because the statutory stay was validly triggered by the Director's memorandum under section 15 and regulation 7A, the court should be slow to lift such a stay, and the plaintiff failed to demonstrate sufficient prejudice or hardship to justify exercise of the discretion to lift the stay.
23 Apr 1998

TSO WING YU, ANITA v. LAU SIU FAN AND ANOTHER

Citation

TSO WING YU, ANITA v. LAU SIU FAN AND ANOTHER
Court

Court of First Instance
Case number

HCA6928/1993

A proper Calderbank offer in respect of an aided person's costs is a matter a taxing master may properly take into account when determining the costs of taxation; to be effective such an offer must be divided at least into profit costs, counsel's fees and other disbursements and may be reflected in the taxing master's order including depriving an aided person of part of taxation costs where the offer is not beaten.
24 Mar 1972

YIM CHUN WAH v. CHOW SHEK FONG AND ANOTHER

Citation

YIM CHUN WAH v. CHOW SHEK FONG AND ANOTHER
Court

Court of First Instance
Case number

HCMP70/1972

A short extension of time to serve and file the notice of appeal was granted despite delay caused by awaiting a Legal Aid Certificate because fairness to the applicant and the token resistance by respondents justified relief; however the obligation to serve and file notice remains and future failures to take basic steps (including personally serving notice or seeking short consent from opponent) may result in refusal of extensions. The applicant was ordered to pay respondents' costs of the day and respondents were granted leave to appeal out of time.

Hong Kong Case Law

CHEUNG PING SUM v. WONG CHI HANG

RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE

TANG WAI LEUNG v. TANG WAI CHO

LIU WAI KEUNG v. LIU WAI MAN

TSO WING YU, ANITA v. LAU SIU FAN AND ANOTHER

YIM CHUN WAH v. CHOW SHEK FONG AND ANOTHER