Read the full judgment text of CACV 244/2015 on BabelCite. This Court of Appeal judgment was delivered on 12 April 2017 before Hon Lam VP, Chu and Poon JJA.
Civil appeal – costs – bail money – leave to appeal – Court of Final Appeal – maintenance – committal order – Order 49 Rule 9 – Quistclose trust – double jeopardy – self-incrimination – no order as to costs – bail money applied to judgment debt – leave refused – Respondent sought variation of costs order, return of bail money, and leave to appeal to Court of Final Appeal following substantive appeal judgment setting aside committal order – Court refused to vary costs order depriving Respondent of costs due to conduct of choosing litigation over maintenance – Court ordered bail money paid to Petitioner to satisfy judgment debt rejecting Quistclose trust argument as court has power under Order 49 Rule 9(1) – Court refused leave to appeal to Court of Final Appeal as questions not reasonably arguable or premature – Respondent ordered to pay Petitioner's costs of applications
Legal issues: Costs of the appeal · Disposal of bail money · Leave to appeal to the Court of Final Appeal
Outcome: Costs order remains absolute (no order as to costs of appeal); Bail money ordered to Petitioner; Leave to appeal refused
Cited by 4 cases · Cites 4 cases