Yuen Kwok Leung Eric and Another v. Ming Chor Pao By Her Guardian Ad Litem Chu Kwok Kee Kookie and Another

Read the full judgment text of CACV 36/2020 on BabelCite. This Court of Appeal judgment was delivered on 20 June 2023.

1. On 17 May 2023, this Court handed down our judgment [1] dismissing the 2 nd defendant’s notice of motion applying for leave to appeal to the Court of Final Appeal against this Court’s judgment dated 19 April 2021 [2] .

Cites 3 cases

Case No.CACV 36/2020[2023] HKCA 759
Court
Court of Appeal
Date20 Jun 2023
Judge
Case Document
100%Judiciary

CACV 36/2020, [2023] HKCA 759

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 36 OF 2020

(ON APPEAL FROM HCA 1637 OF 2015)

________________________

BETWEEN

YUEN KWOK LEUNG ERIC(袁國樑)  
and LAI SAU NGAR(賴秀雅)
Plaintiffs
and
MING CHOR PAO(閔楚寶)
by her guardian ad litem
CHU KWOK KEE KOOKIE
1st Defendant
CHU KWOK BING(朱國彬) 2nd Defendant

________________________

(By Originating Writ)

AND

BETWEEN

YUEN KWOK LEUNG ERIC(袁國樑)  
and LAI SAU NGAR(賴秀雅)
Plaintiffs
and
CHU KWOK KEE KOOKIE,
the Personal Representative of
MING CHOR PAO (閔楚寶),
deceased (“the Deceased”)
1st Defendant
CHU KWOK BING(朱國彬) 2nd Defendant

________________________

(By Order to Carry On of Master S Lo dated 2 November 2017)

Before:  Hon Kwan VP and Chu VP in Court
Date of decision:  20 June 2023

________________________

DECISION ON
ASSESSMENT OF COSTS

________________________

Hon Chu VP (giving the decision of the Court):

1.On 17 May 2023, this Court handed down our judgment[1] dismissing the 2nd defendant’s notice of motion applying for leave to appeal to the Court of Final Appeal against this Court’s judgment dated 19 April 2021[2].

2.We also ordered the 2nd defendant to pay the plaintiffs the costs of the application to be summarily assessed, and gave directions for the filing of a statement of costs by the plaintiffs and a statement of objection by the 2nd defendant, if he so wishes. 

3.In compliance with our directions, the plaintiffs filed a statement of costs on 24 May 2023.  The time for the 2nd defendant to file a statement of objection expired on 7 June 2023.  The 2nd defendant has until now not filed any statement of objection.

4.Having considered the statement of costs and taking a broad brush approach, we summarily assess the plaintiffs’ costs at HK$38,000. 

(Susan Kwan) (Carlye Chu)
Vice President Vice President

The plaintiffs represented by Fred Kan & Co

The 2nd defendant, unrepresented, acted in person