Read the full judgment text of FCMC 3343/2015 on BabelCite. This Family Court judgment was delivered on 14 October 2016 before Deputy District Judge I. Wong.
Matrimonial Causes – Costs – Variation of Costs Order – Maintenance Pending Suit – Children’s Cases – Interlocutory Proceedings – Discretion – Conduct of Parties – Matrimonial Proceedings and Property Ordinance (Cap 192) – Rules of the High Court Order 62 – Whether 'no order as to costs' principle applies to maintenance application for child – Court held general position for children's cases does not apply to ancillary relief under MPPO s.5 – Appropriate costs order determined based on interlocutory rules and conduct – Petitioner failed to accept reasonable offer and exaggerated expenditure – Held Petitioner to pay Respondent's costs from 12 April 2016; No order as to costs prior to 12 April 2016; Petitioner awarded costs of variation application.
Legal issues: Applicability of 'no order as to costs' principle in children's cases · Appropriate costs order for interlocutory application · Impact of petitioner's conduct on costs
Outcome: Costs order varied; Petitioner to pay Respondent's costs from 12 April 2016; No order as to costs prior to 12 April 2016; Petitioner to have costs of variation application.
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