Read the full judgment text of FCMC 9098/2018 on BabelCite. This Family Court judgment was delivered on 10 July 2020 before District Judge A. Tse.
Matrimonial causes – District Court – Amendment and variation of costs orders – Slip rule – Clerical error – Functus officio – Poon Ching Nam v La Hoi Pun [2015] 3 HKLRD 57 – Respondent applied by summons dated 15th June 2020 for amendment of order dated 18th May 2020 under the slip rule and variation of costs orders – Background involved 11 summonses (A to K) heard on 18th May 2020 concerning ancillary relief, custody, access, expert evidence, implied undertaking, removal, contempt, recusal and maintenance – Issues included typographical errors in expert names, car park address, affidavit wording, costs order sequence, and whether costs orders could be varied – Court held slip rule allows amendment to correct clerical errors or accidental slips to reflect manifest intention – Court held power to revisit perfected orders is limited to specific categories and Respondent’s argument did not come within principles – Application for variation of costs orders dismissed as unmeritorious – Orders made to amend order dated 18th May 2020, no order as to costs for amendments, Respondent to pay costs of variation application.
Legal issues: Amendment under the slip rule · Variation of costs orders · Jurisdiction to make new orders under slip rule
Outcome: Amendment under slip rule granted; Variation of costs orders dismissed.
Cited by 2 cases · Cites 2 cases