Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Remittal to trial
  • 3 May 2001

    HKSAR v. LEE MING TEE AND ANOTHER

    Citation
    HKSAR v. LEE MING TEE AND ANOTHER
    Court
    Court of Final Appeal
    Case number
    FACC8/2000

    The Court held that sections 72 and 73A CPO are not applicable to costs of proceedings in the Court of Final Appeal and, exercising its broad discretion under section 43, made the order nisi absolute requiring the respondents to pay the appellant's costs in this Court because the respondents' stay application unjustifiably diverted proceedings and there was no basis to defer the costs decision until after trial.

    • Costs orders
    • Abuse of process
    • Permanent stay
    • Remittal to trial
    • Bill of rights article 11(2)(g)
    • Judicial discretion