曾婉玲 v. 兆隆苑業主立案法團

LDBM000199A/2001

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

Building Management Application No. LDBM 199 of 2001

_________________

Coram: H.H. Judge LAM

Dates of Hearing: 26 June 2001 & 29 August 2001

Date of Ruling: 11 October 2001

__________________

RULING ON COSTS

__________________

1. Having considered the written submissions on costs by the parties (contained in a letter dated 25th September 2001 from Messrs. Ho, Tse, Wai & Partners and a letter dated 26th September 2001 from Messrs. Ho & Tam), I hold that it was reasonable for the Applicant to proceed with the application up to 26th June 2001 in the absence of any concessions from the Respondent. I further hold that it was reasonable for the Applicant to engage lawyer after she learnt of the engagement of lawyer by the Respondent. Even before the engagement of lawyer, the Applicant did incur costs. Further, in the absence of any concessions from the Respondent, she faced the risk of not succeeding in her application and being ordered to pay the costs of the Respondent. For these reasons, my costs order nisi of 18th September 2001 is made absolute.

Representation:

Mr. P.M. HO of M/S Ho & Tam, for the applicant

Mr. Albert HO of M/S Ho, Tse, Wai & Partners, for the respondent