2 Mar 2017
TANG WAI LEUNG v. TANG WAI CHO
- Citation
- TANG WAI LEUNG v. TANG WAI CHO
- Court
- Court of First Instance
- Case number
- HCSD7/2016
The court held that set-off was not available in the present circumstances because the taxed costs in favour of the legally aided party were beneficially held by the Director under LAO (s18A and s19A) and no written direction from the Director or a court order under s18A(4) permitted set-off; the beneficiaries of the competing costs orders differed (DLA v Leung), DLA had already been paid for the period covered by legal aid, and therefore there was no ground to set aside the statutory demand. The court nonetheless recognised that the court retains discretion under s18A(4) to order set-off in…