Kcy v. Hjfg

HCMP 685 /2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 685 OF 2011

(ON AN INTENDED APPEAL FROM HCMC NO. 11 OF 2010)

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BETWEEN

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Before: Hon Hartmann JA and Lam J in Court

Date of Hearing: 6 July 2011

Date of Ruling: 6 October 2011

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RULING AS TO COSTS

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Hon Hartmann JA (giving the Ruling of the Court):

1.This ruling arises out of ancillary relief proceedings. The respondent came before us seeking leave to appeal a decision of the Court of First Instance refusing her application for the appointment of an interim receiver to protect certain of the matrimonial assets pending a final determination of the litigation between herself and her husband, the petitioner. Having heard submissions, we dismissed the application. We gave our reasons in a judgment handed down on 12 July 2011. This ruling contains our determination as to costs.

2.While in matrimonial matters the court has a broader discretion in respect of costs than it does in other civil proceedings, the fundamental rule still applies that, absent good reason otherwise, costs should go to the successful party.

3.The proceedings before us were interlocutory but nevertheless they were discrete proceedings, not so bound up with the general proceedings that the issue of cost cannot more equitably be resolved forthwith.

4.In our judgment, it would be proper in the present case to award costs of the failed application to the respondent, that is, to the husband, such costs to be taxed if not agreed.  The application was a novel one arising out of the complex commercial dealings of the husband.  In the circumstances, we are satisfied that this was a proper case for the employment of two counsel and there will be a certificate to that effect.

Mr Barrie Barlow SC and Ms Mairéad Rattigan, instructed by Messrs Withers, for Respondent/Applicant

Mr John Scott SC and Ms Sara Tong, instructed by Messrs Robertsons, for the Petitioner/Respondent