Read the full judgment text of CACV 254/2013 on BabelCite. This Court of Appeal judgment was delivered on 11 March 2015 before Hon Cheung JA and Chu JA.
Civil Appeal – Costs – Legal Aid – Ancillary Relief – Discretion – Withdrawal of Summons – New Evidence – Whether trial judge properly exercised discretion in ordering costs against aided person – Whether remarks at previous hearing precluded costs order – Appeal allowed in part – No order as to costs of appeal – Respondent Yip appealed costs orders dated 12 December 2011 and 9 October 2012 made by Deputy District Judge S Lo – Court of Appeal set aside costs order of 12 December 2011 as trial judge did not properly exercise discretion – Court of Appeal dismissed costs order of 9 October 2012 as trial judge did not err in principle – Application for new evidence refused as documents did not fulfil legal requirements – Costs of appeal: no order
Legal issues: Costs order dated 12 December 2011 · Costs order dated 9 October 2012 · Application for adducing new evidence · Costs of the present appeal
Outcome: Appeal against costs order dated 12 December 2011 allowed; appeal against costs order dated 9 October 2012 dismissed.
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