HK v. Bd

Read the full judgment text of CACV 252/2009 on BabelCite. This Court of Appeal judgment was delivered on 15 October 2010 before Hon Cheung JA, Hartmann JA and Kwan JA.

Civil Appeal – Costs – Corrigendum – Family Court – Cross-appeals – Whether parties should bear own costs on cross-appeals – Yes; each party bears own costs – Appeal dismissed; costs order clarified.

Legal issues: Costs of cross-appeals

Outcome: Appeal against substantive determination dismissed; cross-appeals against costs ruling dismissed; each party bears own costs.

Cited by 24 cases

Case No.CACV 252/2009[2010] HKCA 357
Court
Court of Appeal
Date15 Oct 2010
JudgeHon Cheung JA, Hartmann JA and Kwan JA
Case Document
100%Judiciary

CACV 252/2009 &
CACV 71/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 252 OF 2009 AND NO. 71OF 2010

(ON APPEAL FROM FCMC NO. 8732 OF 2007)

________________________

BETWEEN

  HK Petitioner
  And
  BD Respondent

________________________

Before: Hon Cheung JA, Hartmann JA and Kwan JA in Court

Date of Hearing: 26 May 2010

Date of Handing Down Reasons for Judgment: 15 October 2010

Date of Corrigendum: 17 November 2010

_____________________________

C O R R I G E N D U M

_____________________________

The original paragraph 97 be deleted and substituted by the following paragraph:

“97. Concerning costs, having dismissed the husband's appeal against the substantive determination of the Family Court and ordering costs to the wife, there only remains the issue of the cross-appeals against the ruling of the Family Court as to costs themselves.  In respect of those cross-appeals, neither party was successful.  We therefore order that each party should bear their own costs in respect of those appeals.”

(Yiu-sun Chung)
Clerk to Hon Hartmann JA