Re Choy Bing Wing

HCMP 50/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 50 OF 2014

(ON AN INTENDED APPEAL FROM HCB NO 12343 OF 2009)

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Before: Hon Yuen & Barma JJA

Date of Decision on Costs: 2 September 2014

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DECISION ON COSTS

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Hon Yuen JA:

1.On 5 August 2014 we handed down a judgment dismissing Mr Choy’s application for leave to appeal a decision of Anthony Chan J made in HCB12343/2009 on 3 October 2013. 

2.We made an order nisi that Mr Choy should pay the costs of the application to the respondent.  Although Mr Choy sent two letters to the court thereafter, they were not applications to vary the costs order nisi and did not contain submissions regarding the respondent’s summary statement of costs. Accordingly the costs order nisi has become absolute.   As for the quantum, after considering the statement of costs, we consider that there should be a reduction in the time spent for preparation of documents and that an appropriate gross sum after such reduction should be $7,250.

3.Accordingly Mr Choy is ordered to pay the respondent costs in the sum of $7,250.

Hon Barma JA:

4.I agree with the decision of Yuen JA.

The judgment debtor/applicant, in person

Mayer Brown JSM, solicitors for the judgment creditor/respondent