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HCA 167/2016
[2018] HKCFI 1385
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 167 OF 2016
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BETWEEN
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HAU CHO SHING (侯灶成) |
Plaintiff |
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and
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HAU CHI WING (侯志榮) |
1st Defendant |
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HAU SIK MING (侯鍚明) |
2nd Defendant |
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HAU SIK CHEONG (侯錫昌) |
3rd Defendant |
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| Before: Deputy High Court Judge Keith Yeung SC in Chambers |
| Date of Written Submissions by the Plaintiff: 9 April 2018 |
| Date of Written Submissions by the Defendants: 19 April 2018 |
| Date of Decision on Costs: 21 June 2018 |
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DECISION ON COSTS
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1. By summons dated 16 August 2017 (the “Summons”), the defendants sought an Order that (1) the Statement of Claim dated 19 January 2016 be wholly struck out; and (2) further or alternatively, paragraph 2 of the Injunction Order be discharged. By my Decision handed down on 29 March 2018, I dismissed the defendants’ application. I also invited submissions on the issue of costs. Submissions have subsequently been received from the parties. It is urged upon me on behalf of the defendants that the costs of the application should be in the cause, and that there should in any event be no immediate taxation or summary assessment. On behalf of the plaintiff, it is submitted that there is no valid reason why costs of the application should not follow the event. The plaintiff also seeks a summary assessment and payment of the assessed sum forthwith.
2. I have considered the submissions. The application was taken out by the defendants. Part of it has been abandoned. The balance has been dismissed. Ordering costs to follow the event is an option. There is no conduct on the part of the plaintiff or other circumstances which may suggest that that option is not an appropriate one.
3. I am however not prepared to order summary assessment and forthwith payment. The plaintiff is legally aided. The defendants are not. I bear in mind Order 62, rule 9C(1)(b). In any event, the usual taxation at the conclusion of the action will not prejudice the plaintiff. The same cannot be said in respect of the defendants.
4. I therefore order that the costs of and incidental to the defendants’ application by the Summons be to the plaintiff, to be taxed if not agreed, and that the plaintiff’s own costs to be taxed in accordance with the Legal Aid Regulations.
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(Keith Yeung SC) |
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Deputy High Court Judge
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Written Submissions by Mr Anthony P W Cheung, instructed by Rene Hout & Co, assigned by Director of Legal Aid, for the plaintiff
Written Submissions by Ms Alison Choy, instructed by K Y Lo & Co, for the 1st to 3rd defendants
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