Read the full judgment text of HCMP 2775/2016 on BabelCite. This High Court CFI judgment was delivered on 18 November 2016 before Hon Lam VP and Kwan JA.
Civil procedure – costs order – leave to appeal – prohibition order – functus officio – Order 59 Rule 2A(8) – indemnity costs – High Court Rules – Whether the judge was functus officio when varying a costs order nisi – Court held judge was not functus officio as order absolute had not been perfected – Standard for appellate intervention in costs decisions – Court held intervention only when plainly wrong or wrong in principle – Merits of prohibition order application – Court held application unmeritorious as respondent leaving Hong Kong after retirement was not a ground – Leave to appeal refused – Summons dismissed with costs on indemnity basis fixed at $35,000 – Order made pursuant to Order 59 Rule 2A(8) preventing oral hearing reconsideration
Legal issues: Functus officio regarding costs order · Standard for appellate intervention in costs · Merits of prohibition order application · Procedural discipline summons vs letter
Outcome: Leave to appeal refused; summons dismissed
Cites 3 cases