Read the full judgment text of HCMP 3578/2016 on BabelCite. This High Court CFI judgment was delivered on 23 August 2018 before Hon B Chu J.
Legal Aid Ordinance – s.16C – Costs against legally aided person – Intervener – Ancillary relief proceedings – Whether s.16C(1)(b)(i) applies to intervener who is in substance defendant/respondent – Whether s.16C(1)(b)(ia) applies to intervener – Strict interpretation of statutory provisions – Form over substance – Application dismissed – Costs order nisi
Legal issues: Whether Mr Cheng can be said to be “in substance” a defendant, respondent or co-respondent “in the proceedings” for the purposes of Subparagraph (i) · Whether Mr Cheng can be said to be “in substance” a defendant to a counterclaim or respondent to a cross-petition for the purposes of Subsection (ia)
Outcome: Application dismissed.
Cites 6 cases