Shi v So

Yan Shi, also known as Maggie Shi, brought proceedings against Hin Sing So, also known as Esmond So, and Biu Tao So, as the administrator of the estate of Chui Wa Cheung. The proceedings were discontinued by Ms Shi on 12 February 2021. The defendants seek costs, calculated on a 2B basis, together with disbursements, for the steps taken by them in the proceedings prior to the discontinuance. Ms Shi opposes the defendants’ application for costs primarily on the basis that she says she was in receipt of legal aid.

The court considered the legal issues regarding the applicability of the Legal Services Act 2011 to the costs incurred by the defendants. The court held that Ms Shi’s interim legal aid grant did not provide her with immunity from costs for the entire proceeding. The court concluded that the immunity under the Act applies only to the costs for which legal aid is provided, not to the costs incurred in the period of time before legal aid had been approved. As Ms Shi did not have a full legal aid grant for the entire proceeding, the defendants were entitled to costs for the steps taken by them prior to the grant of legal aid on 24 November 2020.

The court ordered that Ms Shi is to pay the first defendant costs and disbursements of $6,912.00 and the second defendant costs and disbursements of $9,785.00.