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黎多密 v. 地政總署署長 and Another

Read the full judgment text of HCAL 242/2021 on BabelCite. This High Court CFI judgment was delivered on 20 July 2021.

1. I am afraid that I can see no merit in the Applicant’s resistance to bear the costs of the Putative Respondents after having applied to withdraw his case on the day of hearing.

Case No.HCAL 242/2021[2021] HKCFI 2190
Court
High Court CFI
Date20 Jul 2021
Judge—
Case Document
100%Judiciary

HCAL 242/2021

[2021] HKCFI 2190

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 242 OF 2021

____________________

BETWEEN

黎多密 Applicant

and
地政總署署長 1st Putative Respondent

and
香港特別行政區政府行政長官 2nd Putative Respondent

____________________

Before: Hon Anthony Chan J in Court
Date of Hearing: 20 July 2021
Date of Decision: 20 July 2021

________________

DECISION

________________

1.I am afraid that I can see no merit in the Applicant’s resistance to bear the costs of the Putative Respondents after having applied to withdraw his case on the day of hearing.

2.It must be patently clear to the Applicant that costs will be involved in these proceedings.  If he is concerned about the payment of or his ability to bear costs, he should have withdrawn his application at a much earlier stage.  I have to say that I do not accept the empty assertion that there was a letter from the court out of the blue indicating to him that his application would not involve an adverse costs order or words to that effect.

3.Accordingly, I grant leave to the Applicant to withdraw the application and I make an order that the costs of and occasioned by this application be to the Putative Respondents, to be taxed if not agreed.

  ( Anthony Chan )
  Judge of the Court of First Instance
  High Court

The Applicant appeared in person

Mr Anthony HK Chan instructed by, and Ms Jess Chan (SGC) of, the Department of Justice for the 1st and 2nd Putative Respondents