Read the full judgment text of HCMP 1087/2005 on BabelCite. This High Court CFI judgment was delivered on 18 January 2006 before Lam J.
Civil procedure – costs – vexatious litigant – Section 27 of the High Court Ordinance (Cap. 4) – Section 27 application withdrawn after court indicated willingness to make extensive Restraining Process Order (RPO) and Restraint Order (RAO) – costs order nisi – application to vary – whether costs order nisi should be made absolute – public interest in curbing vexatious civil litigation – Secretary for Justice performs an important constitutional role when launching Section 27 proceedings – Yuen was a self-represented litigant who made multiple unmeritorious applications and wavered in her stance on a consent summons – strike-out application unsuccessful – court found the Secretary was the substantive winner despite formal withdrawal of the Section 27 application – court rejected Yuen's arguments that the Secretary acted at the behest of a third party, that the hearing date being her birthday was relevant, and that she suffered injury to feelings – variation application: no order as to costs for 10 January 2006 (Secretary's representative late) and Yuen to pay the Secretary's costs for 12 January 2006 (Yuen needed more time to read the Reasons for Decision) – costs order nisi made absolute
Legal issues: Whether the costs order nisi should be made absolute · Costs of the variation application
Outcome: Costs order nisi made absolute. Yuen to pay the costs of the Section 27 proceedings up to and including the 8 December 2005 hearing (save for the costs of the 28 October 2005 hearing and the costs of her unsuccessful summonses). No order as to costs for the 28 October 2005 hearing or for the 10 January 2006 hearing. Yuen to pay the Secretary's costs of the 12 January 2006 hearing. All costs to be taxed if not agreed.
Cited by 11 cases · Cites 2 cases