Ling Yuk Sing v. The Secretary for The Civil Service and Another

CACV117/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 117 OF 2008

(ON APPEAL FROM HCAL 92 OF 2007)

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BETWEEN

Before : Hon Cheung, Kwan JJA and A Cheung J in Court

Date of Respondents' Statement of Costs for Summary Assessment : 2 July 2010

Date of Applicant's Response to Respondent's Statement of Costs : 5 July 2010

Date of Respondents' Revised Statement of Costs : 7 July 2010

Date of Applicant's Further Response to the Respondents' Statement of Costs : 12 July 2010

Date of Applicant's Third Response to the Respondents' Statement of Costs : 14 July 2010

Date of Decision : 15 July 2010

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D E C I S I O N

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Hon Cheung JA (giving decision of the Court) :

1.Pursuant to our judgment of 25 June 2010, the respondent lodged the bill of costs for gross sum assessment together with a subsequent amendment to the bill which excluded one item that the respondent is not entitled to charge and reduced the amount of another item.

2.The applicant has also submitted written objections to the bill.  He also raised objections to the costs order itself.

3.Having considered the matter we maintain our costs order.  We consider that the adjusted total costs of $369,758 should be further adjusted to $250,000.  Since the applicant is responsible for one fourth of the costs, the amount he has to pay is $62,500.  In respect of his request to pay the costs by instalments, he should issue the application before a Master of the High Court together with supporting evidence of his financial condition.