Read the full judgment text of HCCT 2/2011 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 July 2014 before Hon Mimmie Chan J.
Court of First Instance—discretionary costs orders—application for leave to appeal costs order—principles for appellate interference—court will only interfere if discretion wrongly exercised or on false principle—court affirmed trial judge’s reasoning on costs considering amounts claimed, recovered, and parties' conduct—leave refused for lack of reasonable prospects of success—costs to respondent. Plaintiff CHAN SHUN KEI trading as CHAN SHUN KEI CONSTRUCTION WORKS sought to appeal costs order made against it in construction proceedings against defendant HONG KONG CONSTRUCTION (HONG KONG) LIMITED. Leave to appeal was declined as the trial judge exercised discretion judicially and his reasons were adequately set out and supported by authorities. This judgment underscores the limited circumstances in which appellate courts will intervene in costs orders and reiterates adherence to established case law. Outcome: leave to appeal refused with costs.
Legal issues: Costs order discretion and appellate intervention
Outcome: Leave to appeal refused with costs
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