Chan Siu Lun v. Hui Cho Yee and Another

HCPI000120A/1997

HCPI120/97

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES NO. 120 OF 1997

--------------------

--------------------

Coram: Hon Mr Justice Cheung in Chambers

Date of hearing: 28th October 1999

Date of decision: 28th October 1999

--------------------

D E C I S I O N

--------------------

1. The Plaintiff applies for leave to appeal against my decision given on 5th October 1999.

2. Under s.14(3)(e) of the High Court Ordinance ("the Ordinance"), leave to appeal is required for an order "relating only to costs which are by law left to the discretion of the Court".

3. As apparent from the proceedings, I did not exercise any discretion or make any order as to costs other than the costs of the application that was before me on 5th October 1999.

4. The argument before me then was solely on whether the Taxing Master should review the taxation of the bill of costs that he had already taxed. The Plaintiff in effect was asking for the costs order imposed by Nguyen J. to be set aside. This, the Taxing Master had no power to do and was something that he needed not consider. I affirm the Taxing Master's decision. My decision therefore did not involve exercising a discretion on costs on the main issue. Hence, s.14(3)(iv) of the Ordinance is not applicable.

5. As far as the actual costs order I had made, as the Plaintiff had failed in his application before me, costs should follow the event. I would refuse to grant him leave to appeal on that aspect of the judgment.

6. There will be no order as to costs for the present application.

Representation:

Plaintiff, in person, present

Mr Wong Wai Lok of M/s T.S. Tong & Co., for the Defendants