Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Legal aid ordinance s16c

Legal area

Court

12 Jan 2017

LEE KIN HUNG v. LAO PAK CHON t/a LUNG KONG ELECTRIC ENGINEERING AND OTHERS

Citation

LEE KIN HUNG v. LAO PAK CHON t/a LUNG KONG ELECTRIC ENGINEERING AND OTHERS
Court

Court of First Instance
Case number

HCPI705/2010

Master Leong held that Deputy High Court Judge Lok's order operated to make the third party costs the costs of the 1st defendant and then to make the plaintiff indemnify the 1st defendant; accordingly those costs fall within s16C(1)(b) so the Director is not excused from liability and the plaintiff's application to avoid payment was dismissed.
27 Sept 2007

TANG KA HUNG ROBERT AND ANOTHER v. TANG TIM CHUE alias TANG TIM CHU

Citation

TANG KA HUNG ROBERT AND ANOTHER v. TANG TIM CHUE alias TANG TIM CHU
Court

Court of First Instance
Case number

HCAP7/2006

The Defence and Counterclaim were struck out as an abuse of process because they raised no issues affecting the validity of the will or entitlement to probate; costs follow the event so plaintiffs are entitled to costs of the caveat proceedings and probate action, but section 16C of the Legal Aid Ordinance means the defendant is personally liable only for costs incurred prior to the grant of the Legal Aid Certificate and the Director is responsible for costs occasioned by the counterclaim; section 17(3) is an exceptional remedy requiring impropriety by the aided person, and where the aided pe…