Hong Kong Case Law: Decisions & Judgments

Topic

Taxing master's discretion

Legal area

Court

31 Mar 2009

YEUNG MAN LOONG MAXLY AND OTHERS v. TSANG SAU HING BEATRICE AND OTHERS

Citation

YEUNG MAN LOONG MAXLY AND OTHERS v. TSANG SAU HING BEATRICE AND OTHERS
Court

Court of First Instance
Case number

HCCW132/2007

The taxing master has a discretion under Order 62, rule 17 to grant interim certificates for unopposed items in a bill of costs even at the call‑over hearing; where the paying parties fail to show a proper basis to refuse, interim certificates should be issued for the unopposed sums and payment be made forthwith; allegations about shareholder injections are factual matters irrelevant to the taxation without evidence and do not justify discounts or instalment payments.
20 Jul 1999

RE MADAM TAN

Citation

RE MADAM TAN
Court

District Court
Case number

DCCJ14567/1994

Receiving party failed to proceed with taxation with reasonable promptitude, producing an inexcusable/unaccounted delay of approximately eight to nine months; proof of prejudice is not required to exercise the discretion under RHC O62 r22(3) and r7(5); appropriate remedy is a global reduction of 8% of the taxed costs in each of the four bills and reinstatement of items relating to costs of taxation, with an adjourned hearing to deal with re‑instated items and costs.
20 Jul 1999

RE MADAM TAN

Citation

RE MADAM TAN
Court

Court of First Instance
Case number

HCA6665/1994

The receiving party failed to act with reasonable speed after the costs orders; there were 8–9 months unaccounted for and the receiving party did not explain delays between lodging drafts and following up. Under RHC O62 r22(3) and r7(5) the taxing master may reduce taxed costs for undue delay and proof of prejudice is not a prerequisite; accordingly the appropriate sanction on these facts is a global reduction of 8% to each taxed bill with re-instatement of previously taxed-off items relating to costs of taxation and a further hearing to determine those items.
11 Mar 1988

C. P. LIN AND CO. v. KUNG WONG SAU HIN

Citation

C. P. LIN AND CO. v. KUNG WONG SAU HIN
Court

Court of Appeal
Case number

CACV148/1987

The judge erred in applying Ladd v. Marshall to fetter the Master's discretion under R.S.C. O.62 r.34(2) and in giving undue weight to the Master's unexplained order; the Court allowed the appeal, set aside the order striking out the affidavit except for specified paragraphs, and remitted the matter to the Master to admit the remaining paragraphs subject to cross‑examination and continuation of the review.

Hong Kong Case Law

YEUNG MAN LOONG MAXLY AND OTHERS v. TSANG SAU HING BEATRICE AND OTHERS

RE MADAM TAN

RE MADAM TAN

C. P. LIN AND CO. v. KUNG WONG SAU HIN