Your World of Legal Intelligence
 Hong Kong | 1-800-335-6202

Leung Jannelle Rosalynne And Another v Home Affairs Department And Others

Judgment Cited in Precedent Map Related
Vincent
Judgment Date30 December 2020
Neutral Citation[2020] HKCFI 3150
Year2020
Judgement NumberHCAL814/2020
Subject MatterConstitutional and Administrative Law Proceedings
CourtCourt of First Instance (Hong Kong)
HCAL814/2020 LEUNG JANNELLE ROSALYNNE AND ANOTHER v. HOME AFFAIRS DEPARTMENT AND OTHERS

HCAL 814/2020

[2020] HKCFI 3150

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 814 OF 2020

________________________

BETWEEN
LEUNG JANNELLE ROSALYNNE 1st Applicant
CHUNG KIN WA 2nd Applicant

and
HOME AFFAIRS DEPARTMENT 1st Putative
Respondent
PRESIDENT OF THE FINANCE COMMITTEE 2nd Putative
OF THE LEGISLATIVE COUNCIL Respondent
CHAIRMAN OF THE PANEL ON 3rd Putative
HOME AFFAIRS OF THE LEGISLATIVE COUNCIL Respondent

________________________

Before: Hon Chow J in Chambers (Open to Public)
Date of Statement of Costs of the 1st Putative Respondent:
 1 December 2020
Date of Statement on Costs of the 2nd and 3rd Putative Respondents:
 7 December 2020
Dates of Comments on Statements on Costs by the Applicants:
 15 and 21 December 2020
Date of Decision on Costs:
 30 December 2020

________________________

DECISION ON COSTS

________________________

1. By a Form 86 dated 4 May 2020, the Applicants applied for judicial review of various decisions concerning the Music Fountain Project at Kwun Tong Promenade.

2. On 6 May 2020, the court directed an oral hearing of the application for leave to apply for judicial review. The leave hearing was subsequently fixed to be heard on 3 December 2020.

3. On 26 November 2020, pursuant to a consent summons dated 25 November 2020, the court granted leave to the Applicants to withdraw the application, and ordered the Applicants to pay the 1st, 2nd and 3rd Putative Respondents’ costs of the proceedings, to be summarily assessed. The court also gave directions for the 1st, 2nd and 3rd Putative Respondents to file and serve a statement of costs, and for the Applicants to respond to the statement of costs.

4. The 1st Putative Respondent filed a statement of costs dated 1 December 2020 claiming costs in the total amount of HK$167,008, and the 2nd and 3rd Respondents filed a statement of costs dated 7 December 2020 claiming costs in the total amount of HK$193,495.

5. The Applicants filed their comments on the two statements of costs on or about 15 and 21 December 2020 respectively.

6. The court has considered the two statements of costs and the Applicants’ comments. It is well established that, in a summary assessment of costs, the court should adopt a broad brush approach. It is not necessary for the court to assess the reasonableness and amount of each item individually.

7. The application for leave to apply for judicial review is a straight forward one. 3 grounds of judicial review are raised in the Form 86, namely, (i) alleged failure to conduct proper consultation, (ii) alleged misinterpretation or misapplication of guidelines, and (iii) alleged error of law in failing to pay...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT