Anne Elizabeth Moore v Vernon Francis Moore

Court:Family Court (Hong Kong)
Judgement Number:FCMC4070/1990
Judgment Date:19 Oct 1999
FCMC004070/1990 XCHRX ANNE ELIZABETH MOORE v. VERNON FRANCIS MOORE

FCMC004070/1990

FCMC 4070/90

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MATRIMONIAL CAUSES NO. 4070 OF 1990

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BETWEEN
ANNE ELIZABETH MOORE Petitioner
AND
VERNON FRANCIS MOORE Respondent

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Coram : Hon Yam J in Chambers

Date of Hearing : 19 October 1999

Date of Judgment : 19 October 1999

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J U D G M E N T

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1. This is an appeal by the husband/Respondent in the matrimonial causes against the Order of Master Poon dated 12 June 1999. The appeal came in the following way.

2. By an Order dated 12 March 1999 of H.H. Judge Bruno Chan, the husband/Respondent was ordered to pay the wife's costs of her application for variation of periodical payments. Within one month thereafter, the wife did not produce a bill of taxation. In pursuance of O.62, r.22(1), the husband applied for an Order that the wife should proceed to taxation in accordance with r.21. On 11 May 1999, Master Kwan ordered that the wife should proceed to taxation within 14 days thereof, i.e. the period would expire by 25 May 1999.

3. The Appellant husband submitted that in accordance with r.22(2), the liability to pay costs had been wholly discharged after 25 May 1999. Order 62, r.22(1) and (2) provide as follows :-

" (1) If, within one month after an order of the Court requiring the payment of any costs to be taxed, the person entitled to payment thereof has neither agreed the amount of such costs with the person liable to pay the same nor served upon such person a notice of appointment to tax in accordance with rule 21, the taxing master, on the application of the person liable to pay such costs and on not less than 7 days' notice to the person entitled to payment thereof, may order that the person entitled to payment of the costs shall proceed to taxation in accordance with rule 21 within such period as the taxing master may order.

(2) If within the period ordered by the taxing master or any extension thereof granted by a taxing master, notice of appointment to tax has not been served in accordance with rule 21 and the amount due has not been agreed between the parties, the order of the Court requiring payment of the costs shall thereupon be wholly...

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