Court dismisses appeal in relation to protective costs order where the applicant was a non-profit organisation dedicated to Hong Kong’s environment


Re: Designing Hong Kong Limited v The Town Planning Board [2018] HKCFA 16

This appeal considered an “order in relation to costs whereby a party seeks at an early stage of public law proceedings to obtain an order to the effect that in the event that that party is unsuccessful, there will be no requirement to pay costs to the successful party. This is known as a protective costs order (a PCO) and this provides an exception to the usual approach as to costs just stated”. The Court was required to make a determination on the aspect of “the financial ability or resources of an applicant for a PCO, and in particular the position when that applicant is a company”.

The Court dismissed the appeal.

Phillippa Kaufmann QC was involved in this case.