Nowodzelski, Stacey Alan v. Director of Immigration

CACV 187/2017

[2018] HKCA 375

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 187 OF 2017

(ON APPEAL FROM HCAL 73/2017)

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BETWEEN

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Before: Hon Yuen JA, Hon Barma JA and Hon Chow J in Chambers

Date of Decision on Costs: 6 July 2018

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DECISION ON COSTS

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Hon Chow J (giving the Decision of the Court):-

1.On 4 June 2018, this Court handed down its Judgment dismissing the Applicant’s appeal against the order of Au J dated 15 August 2017.

2.On the question of costs, this Court gave the following direction at paragraph 29 of the Judgment:-

“The Respondent is directed to provide a statement of costs to the Applicant and the Court within 14 days. If the Applicant objects to any items in the statement of costs, he may file with the court (with copy to the Respondent) a statement of opposition setting out the items to which he objects within 14 days thereafter. The court will then undertake a summary assessment of costs.”

3.On 14 June 2018, the Department of Justice lodged a Statement of Costs on behalf of the Respondent claiming the amount of HK$182,313.00.

4.On 25 June 2018, the Applicant filed an “Objection to Costs”, objecting to “each itemised line of the costs” claimed by the Respondent.  The Applicant also stated that he had no employment or income and requested for a reduction of the costs to “an absolute minimum, or complete elimination of costs”.

5.We have examined the Statement of Costs submitted by the Department of Justice and considered that a lump sum of HK$150,000 would represent the Respondent’s reasonable costs of resisting the appeal. Accordingly, we order the Applicant to pay the sum of HK$150,000 by way of costs.

The Applicant acting in person

Mr Jonathan Chang, instructed by Department of Justice, for the Respondent