Hong Kong Case Law: Decisions & Judgments

Topic

Taxation under legal aid regulations

Legal area

Court

8 Jun 2021

CHAN HON, THE ADMINISTRATOR OF THE ESTATE OF POON LAI MING, DECEASED v. BAYER HEALTHCARE LTD formerly known as BAYER DIAGNOSTICS LTD and formerly known as BAYER DIAGNOSTICS LTD and formerly known as CHIRON LTD and formerly known as CIBA CORNING DIAGNOSTICS (H.K.) LTD AND OTHERS

Citation

[2021] HKCA 830
Court

Court of Appeal
Case number

CACV53/2020

Because the 2nd and 3rd defendants ultimately failed in their appeal against Bharwaney J and did not advance the apportionment argument below, costs should follow the event; the application to vary the costs order nisi was dismissed and the plaintiff was awarded costs with a certificate for two counsel and his own costs to be taxed under the Legal Aid Regulations.
13 Jun 2019

SECRETARY FOR JUSTICE v. WONG CHI FUNG

Citation

[2019] HKCA 646
Court

Court of Appeal
Case number

CACV14/2018

Because the parties jointly accepted that costs should follow the event and the court accepted the respondent's submission that a certificate for two counsel was warranted, the court ordered costs to the respondent, with a certificate for two counsel, and directed that the respondent's own costs be taxed in accordance with the legal aid regulations.
26 May 2003

FU LOK MAN JAMES t/a LOKIE LEATHERWARE MANUFACTURING CO v. CHIEF BAILIFF OF THE HIGH COURT

Citation

FU LOK MAN JAMES t/a LOKIE LEATHERWARE MANUFACTURING CO v. CHIEF BAILIFF OF THE HIGH COURT
Court

Court of Final Appeal
Case number

FAMV16/2003

The application for leave to appeal was dismissed because the applicant failed to show that the monetary threshold was satisfied by the interest in land subject to the charging order and, on the discretionary limb, leave was refused because the costs order was found to be in favour of the office of the bailiff.
5 Nov 2002

BEACON COLLEGE LTD. v. YIU MAN HAU, ALFRED AND OTHERS

Citation

BEACON COLLEGE LTD. v. YIU MAN HAU, ALFRED AND OTHERS
Court

Court of First Instance
Case number

HCA4273/2001

The court reserved the question of costs on the application to discharge the interim injunction to be determined at the conclusion of the trial when factual findings will permit appropriate decisions on indemnity or apportionment; the 1st defendant's costs on the application are to be taxed under the Legal Aid Regulations; and the 1st defendant's summons for an inquiry as to damages was adjourned sine die pending trial.
10 Nov 1999

TSANG MEI YING AND ANOTHER v. LAM PAK CHIU AND ANOTHER

Citation

TSANG MEI YING AND ANOTHER v. LAM PAK CHIU AND ANOTHER
Court

Court of First Instance
Case number

HCMP6418/1999

Extension of time to appeal granted because the proposed appeal had substance and there were reasons excusing the delay; defendants ordered to pay plaintiffs' costs of the application and those costs to be taxed for Legal Aid Regulations purposes.
26 Feb 1969

W v. W

Citation

W v. W
Court

Court of First Instance
Case number

HCMC116/1968

Although the petitioner was found to be an untruthful witness, her dishonesty was ancillary to the central issue of consummation; therefore the court exercised its discretion to award her costs on the petition for nullity and on the cross-petition, to be taxed, and directed specific apportionment of the medical inspectors' fees with the Taxing Master to determine amounts.

Hong Kong Case Law

CHAN HON, THE ADMINISTRATOR OF THE ESTATE OF POON LAI MING, DECEASED v. BAYER HEALTHCARE LTD formerly known as BAYER DIAGNOSTICS LTD and formerly known as BAYER DIAGNOSTICS LTD and formerly known as CHIRON LTD and formerly known as CIBA CORNING DIAGNOSTICS (H.K.) LTD AND OTHERS

SECRETARY FOR JUSTICE v. WONG CHI FUNG

FU LOK MAN JAMES t/a LOKIE LEATHERWARE MANUFACTURING CO v. CHIEF BAILIFF OF THE HIGH COURT

BEACON COLLEGE LTD. v. YIU MAN HAU, ALFRED AND OTHERS

TSANG MEI YING AND ANOTHER v. LAM PAK CHIU AND ANOTHER

W v. W