Andrew Edward Left v. Securities and Futures Commission and Another

Read the full judgment text of HCMP 3195/2016 on BabelCite. This High Court CFI judgment was delivered on 10 February 2017.

1. On 13 January 2017, we handed down judgment dismissing the application of Mr Left for leave to appeal to the Court of Appeal and made a costs order nisi that he should pay the costs of the SFC in this application.  We gave directions for a gross sum assessment on paper.

Cited by 4 cases

Case No.HCMP 3195/2016
Court
High Court CFI
Date10 Feb 2017
Judge
Case Document
100%Judiciary

HCMP 3195/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 3195 OF 2016

(ON AN INTENDED APPEAL PURSUANT TO SECTION 266 OF THE SECURITIES AND FUTURES ORDINANCE, CAP 571 FROM DETERMINATIONS OF THE MARKET MISCONDUCT TRIBUNAL)

___________________________

  IN THE MATTER OF s 266 of the Securities and Futures Ordinance, Cap 571
  and
  IN THE MATTER OF proceedings conducted by and determinations of the Market Misconduct Tribunal into whether any market misconduct had taken place in relation to the dealings in the listed securities of Evergrande Real Estate Group Limited (stock code 3333) and on other related questions

___________________________

BETWEEN
  ANDREW EDWARD LEFT Applicant
  and
  SECURITIES AND FUTURES COMMISSION 1st Respondent
  MARKET MISCONDUCT TRIBUNAL 2nd Respondent

___________________________

Before: Hon Kwan JA and Poon JA
Date of Decision on Costs: 10 February 2017

___________________________

DECISION ON COSTS

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Hon Kwan JA (giving the decision on costs of the Court):

1.On 13 January 2017, we handed down judgment dismissing the application of Mr Left for leave to appeal to the Court of Appeal and made a costs order nisi that he should pay the costs of the SFC in this application.  We gave directions for a gross sum assessment on paper.

2.The SFC has since submitted a statement of costs for summary assessment in the total sum of $138,800.  Mr Left’s solicitors responded by letter dated 27 January 2017 that he has no objection to the statement of costs.

3.We have considered the statement of costs.  We find the amount of costs claimed reasonable.  Accordingly, we assess costs payable to the SFC in the amount as stated.

(Susan Kwan)
Justice of Appeal
(Jeremy Poon)
Justice of Appeal

Timothy Loh LLP, for the Applicant

Legal Services Division of the Securities and Futures Commission, for the 1st Respondent

Other Judgments in This Case

Further hearings and rulings under HCMP 3195/2016