Read the full judgment text of LDBM 292/2004 on BabelCite. This Lands Tribunal judgment was delivered on 25 May 2010 before H.H. Judge M. WONG.
Building Management – Lands Tribunal application – disqualification of management committee members under paragraph 4(2)(c) of Schedule 2 of the Building Management Ordinance, Cap. 344 – counterclaim for declarations that Applicants' appointments were invalid – disputes rendered academic by election of new management committee – costs of discontinued proceedings – whether general rule entitles defendant to costs upon discontinuance – whether full-blown hearing required to determine costs – whether refusal of Calderbank offer unreasonable. Costs – discontinuance of action – general rule that defendant entitled to costs – discretion of court to depart from general rule where proceedings become academic – burden on party seeking to depart from general rule – proper approach where court cannot determine likely outcome of substantive issues – Brawley v. Marczynski fallback position of no order as to costs – whether oral evidence necessary to determine costs – overriding objective of doing justice without incurring unnecessary court time and additional costs – Order 1A, rule 1 of the Rules of the High Court – Calderbank offer – reasonableness of refusal assessed at time of refusal – consideration of parallel proceedings. Outcome: No order as to costs in relation to the Application and the Counterclaim; 1st to 4th Respondents to pay 1st and 2nd Applicants' costs of the two summonses, with certificate for counsel, on District Court Scale.
Legal issues: Whether the general rule entitles a defendant to costs when an action is discontinued · Whether a full-blown hearing with oral evidence is required to determine costs · Whether the refusal of the Calderbank offer was unreasonable · Costs of the two summonses
Outcome: No order as to costs in relation to the Application and the Counterclaim; the 1st to 4th Respondents to pay the 1st and 2nd Applicants' costs of the two summonses.
Cited by 3 cases · Cites 1 case