黎多密 v. 地政總署署長 AND ANOTHER

HCAL 242/2021

[2021] HKCFI 2190

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 242 OF 2021

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BETWEEN

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DECISION

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1.  I am afraid that I can see no merit in the Applicant’s resistance to bear the costs of the Putative Respondents after having applied to withdraw his case on the day of hearing.

2.  It must be patently clear to the Applicant that costs will be involved in these proceedings.  If he is concerned about the payment of or his ability to bear costs, he should have withdrawn his application at a much earlier stage.  I have to say that I do not accept the empty assertion that there was a letter from the court out of the blue indicating to him that his application would not involve an adverse costs order or words to that effect.

3.  Accordingly, I grant leave to the Applicant to withdraw the application and I make an order that the costs of and occasioned by this application be to the Putative Respondents, to be taxed if not agreed.