7 Oct 2024
On a holistic assessment the Director had taken some active steps but, weighing public funding, conduct of the parties, the exceptional nature of the substantive relief and other factors, the proper exercise of the court's discretion was to make no order as to costs while directing that the Applicant's own costs be taxed under the Legal Aid Regulations.
6 Jan 2023
The court will exercise its discretion to extend the validity of an expired writ where the applicant demonstrates active pursuit of the claim (including obtaining legal aid and expert evidence), provides a satisfactory explanation for failing to apply before expiry, and has not sat on the action; procedural irregularity under the Rules does not automatically bar relief.
9 Dec 2019
申請人未能就擬上訴事項指出其具有重大廣泛或關乎公眾的重要性，所提出的理據屬個別事實爭議，不足以符合《終審法院條例》第22(1)(b)的許可標準；故上訴許可被拒，並命令申請人支付被告訟費，由簡易程序評估。
24 Aug 2016
MCAL (the plaintiffs' solicitors) failed to lodge and serve trial bundles in accordance with court directions and timelines, did not diligently follow up or disclose material correspondence with the Legal Aid Department, and their misconduct and neglect caused the adjournment of the pre-trial review; accordingly the court exercised its discretion to make a wasted costs order holding MCAL personally liable for the wasted costs of HK$60,233 payable to the defendant.
24 Aug 2016
MCAL failed to lodge and serve trial bundles in accordance with court orders and deadlines, failed to diligently pursue and transparently disclose material correspondence with the Legal Aid Department, and by neglect and misconduct caused the PTR adjournment; consequently the court exercised its discretion to make a wasted costs order against the solicitors personally and assessed wasted costs at HK$60,233 payable forthwith to the defendant.
29 Sept 2010
The applications to adjourn, for leave to appeal and for a judge to sit beside the trial judge were dismissed because there was no pending or timely leave application to the Court of Final Appeal, the respondent produced only a belated legal aid/counsel certificate which does not create an appeal or justify adjournment, the reasons advanced were speculative and not a material change of circumstances, and the application to have another judge sit beside the trial judge was a misuse of process; costs were awarded against the respondent.
2 Nov 2006
The court accepted defence counsel's representation that she only received notice on 31 October and, weighing the prejudice to the defendant from proceeding without prepared counsel against inconvenience to the plaintiff and court, exercised its discretion to adjourn the hearing and permit a supplemental affirmation with fixed timelines; costs of the aborted hearing were thrown away to be taxed.
11 Sept 2006
An assigned solicitor must notify and seek the prior approval of the Director of Legal Aid before instructing counsel to appear for an aided person; counsel acting for an aided person must be assigned by the Director and selected from the Director's panel. Instructing counsel not so assigned and not on the panel is not permissible under the Legal Aid Ordinance; accordingly costs orders were adjusted to exclude recovery of counsel fees incurred in that improper manner and further procedural and professional-conduct steps were ordered.
15 Dec 2000
The judge concluded the appellant had demonstrated a reasonable, as opposed to fanciful, chance that the court at trial would decide the key factual issue in his favour given unexplained inconsistency with department policy about returning detained persons' property, absence of a written application, disappearance of original documents despite a 1996 photocopy, non‑decisive handwriting evidence, officers' statements that do not preclude impersonation, and the implausibility of the appellant knowingly making a false claim; accordingly the appellant was granted a legal aid certificate to pursue…
13 Oct 1983
The Master's award for general damages was a wholly erroneous estimate and must be increased; appellant entitled to general damages of HK$90,000 and to loss of future earning capacity assessed at 20% of current earnings ($600/month) capitalised by a multiplier of 15 yielding HK$108,000; bonesetter expenses of HK$1,500 are recoverable; doctor's fees Award of HK$500 by the Master stands; total judgment HK$205,995; interest on non‑economic loss at 2% from service of writ to judgment, no interest on future earnings component, and interest on special damages at 7% from date of accident to judgment.