Lchj v Syma

CourtFamily Court (Hong Kong)
Judgment Date23 Jul 2014
Judgement NumberFCMP28/2014
SubjectMiscellaneous Proceedings
FCMP28A/2014 LCHJ v. SYMA

FCMP 28 / 2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS

NUMBER 28 OF 2014

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IN THE MATTER OF SYCM, a minor

and

IN THE MATTER of section 13 of the Guardianship of Minors Ordinance, Cap 13

BETWEEN

LCHJ Applicant

and

SYMA Respondent
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Coram: Her Honour Judge Sharon D. Melloy in Chambers (Not open to public)
Date of written submissions: 11 July 2014
Date of Ruling: 23 July 2014

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RULING

(Costs)

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Introduction

1. This is an application by a respondent father to challenge the costs order made by my fellow judge – Deputy Judge SG Chan. On the 9 May 2014 she handed down a judgment whereby she ordered that the father do pay the mother HK$30,000 per month as interim maintenance for the only child of the relationship – a little girl who is now aged 10 years. DJ Chan made an order nisi to be made absolute in 14 days time that the father do pay the mother’s costs on a party and party basis to be taxed if not agreed with certificate for counsel. She did so because she found that the mother had no alternative but to make the application for interim financial support. In the alternative the father argues that the more appropriate order is that there should be no order as to costs.

2. The matter came back before me as DJ Chan is no longer sitting and on the 3 July I directed that both sides do file written submissions on costs to include reference to the appropriate law, on or before the 11 July 2014. I also agreed to deal with the matter on paper.

3. Both sides subsequently filed their written submissions. I have noted that in the father’s submissions his primary argument is that given that this is a child related matter that the appropriate order is that there should be no order as to costs. I was also referred to the case law on the appropriate order to be made in children’s cases. With respect however it seems to me that this is to misstate and to wrongly categorize the present case. When law reports refer to “children cases” they are referring to either private or public law cases, where the primary concerns relate to the practical arrangements for children. In this instance we are not...

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