5 Jun 2020
PREAMBLE PROPERTIES FINANCE LTD v. YAU CHI YUK and TSO TUNG HA, the Personal Representatives of the estate of YAU SZE MING, deceased
- Citation
- [2020] HKDC 404
- Court
- District Court
- Case number
- DCMP899/2017
The Master erred in law by failing to decide that costs (including earlier reserved and in‑cause costs) be taxed on a full indemnity basis; absent a specific direction by the tribunal hearing the discontinuance, the default party‑and‑party taxation would apply and a taxing master cannot alter the basis. The appeal was allowed and the Master's order substituted to direct that all costs of the action (including previous reserved or in‑cause orders) be to the plaintiff to be taxed on a full indemnity basis; appeal costs to the plaintiff on an indemnity basis with certificate for counsel.