Read the full judgment text of FCMC 15288/2015 on BabelCite. This Family Court judgment was delivered on 18 September 2020 before His Honour Judge Herbert Au-Yeung.
Matrimonial proceedings – Costs – Recusal application – Discretion on costs – Interlocutory proceedings – Apparent bias – Conduct of parties – No order as to costs made absolute – Respondent to pay costs of Costs Summons – Petitioner's recusal application based on apprehension of bias – Judge Melloy recused herself – Respondent sought indemnity costs – Court held both parties partially successful in recusal application – Petitioner's conduct already penalized in children matters – No judge-shopping found – Fair order was no order as to costs for recusal application – Respondent's application to vary costs order dismissed – Respondent to pay Petitioner's costs of Costs Summons assessed summarily.
Legal issues: Costs order for recusal application · Costs of the Costs Summons
Outcome: Costs order nisi made by HH Judge Melloy on 25 May 2020 be made absolute. Respondent to pay Petitioner's costs of the Costs Summons.
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