Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

First charge under legal aid ordinance

  • 13 Sept 2017

    JORA SISI OMAR v. JORA HARMIDAR OMAR

    Citation
    JORA SISI OMAR v. JORA HARMIDAR OMAR
    Court
    Court of Appeal
    Case number
    CACV209/2016

    The appeal was dismissed because the applicant failed to show a substantial ground for set-off or interest of justice: mutuality for set-off was lacking because the 1 March 2017 costs order benefits the Director of Legal Aid who holds a first charge and no variation (written direction or court order) was shown; the applicant's reliance on prospective costs was speculative and premature; accordingly there is no proper basis to set aside the statutory demand.

  • 2 Mar 2017

    TANG WAI CHO v. TANG WAI LEUNG

    Citation
    TANG WAI CHO v. TANG WAI LEUNG
    Court
    Court of First Instance
    Case number
    HCA2207/2007

    The court held that the statutory set-off power under s18A(4) LAO permits the court to order set-off notwithstanding the Director's first charge, but only the court may exercise that discretion; private settlement between the aided person and the other party cannot circumvent the Director's charge absent the Director's written direction. In the present case set-off was not available because the beneficiaries of the respective costs orders differed (the taxed $168,486.50 was for the benefit of the Director while the larger taxed sum was payable personally to Leung), and DLA had already been pa…