Qmy v. Gss

Read the full judgment text of CACV 68/2014 on BabelCite. This Court of Appeal judgment was delivered on 24 November 2015.

1. In our judgment of 19 August 2015, we allowed the father’s appeal and stayed the proceedings brought by the mother seeking maintenance for the child against the father.

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Case No.CACV 68/2014[2016] 1 HKLRD 433
Court
Court of Appeal
Date24 Nov 2015
Judge
Case Document
100%Judiciary

CACV 68/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 68 OF 2014

(ON APPEAL FROM FCMP NO. 147 OF 2012)

________________________

  IN THE MATTER OF an Application under Section 10 of the Guardianship of Minors Ordinance, Chapter 13
  and
  IN THE MATTER OF the minor, G

________________________

BETWEEN
QMY Applicant
and
GSS Respondent

________________________

Before : Hon Lam VP, Cheung and Yuen JJA in Court
Date of Applicant’s Written Submission : 9 September 2015
Dates of Respondent’s Written Submission : 2 September and 7 October 2015
Date of Decision on Costs : 24 November 2015

________________________

DECISION ON COSTS

________________________

Hon Cheung JA (giving Decision on Costs of the Court) :

1.In our judgment of 19 August 2015, we allowed the father’s appeal and stayed the proceedings brought by the mother seeking maintenance for the child against the father.

2.Both parties in their written submissions are seeking the costs of the appeal and below together with some other related costs.  Some other costs matters were addressed in the parties’ correspondence.

3.We are of the view that this is an appropriate case for not making any order as to costs both here and below (including the costs of the hearing of 2 December 2014 and the summonses).  The proceedings were brought for the benefit of the child.  There is no winner or loser amongst the parents in matters concerning the welfare of the child.  The appeal was resolved by a point raised by the Court.  We will so order.

(M. H. LAM) (Peter Cheung) (Maria Yuen)
Vice-President Justice of Appeal Justice of Appeal

Written Submission by Mr Robert Pang S. C. and Mr Eugene Yim, instructed by Christine M. Koo & Ip, for the applicant

Written Submission by Mr Kenny C. P. Lin and Mr Lincoln Cheung, instructed by Lo, Wong & Tsui, for the respondent

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