WONG KWAI FA AND ANOTHER v. 陳慶文

WONG KWAI FA AND ANOTHER v. 陳慶文

The plaintiffs were ordered to pay the defendant's costs of the withdrawn summary judgment summons because prior correspondence and the defendant's position demonstrated factual disputes (consent to occupy and change of lock) which made summary judgment plainly inappropriate; costs assessed and reduced to a reasonable figure of HK$67,000.00 with a certificate for counsel.

Citation
[2026] HKDC 35
Parties
1st Plaintiff: WONG KWAI FA (黃桂花); 2nd Plaintiff: CHAN CHIT FRANK (陳捷); Defendant: 陳慶文
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 January 2026
Case Number
DCCJ6008/2024
Procedural Posture
Civil Possession (trespass) / Costs Determination (paper Disposal)
Outcome
Plaintiffs ordered to pay costs of the summons dated 28 April 2025 to the defendant; costs summarily assessed at HK$67,000.00 with certificate for counsel.
Legal Topics
Summary Judgment, Vacant Possession, Injunction, Costs of Summons, Licence to Occupy
Source Language
EN
Civil Procedure Property Costs Family Law Summary Judgment Vacant Possession Injunction Costs of Summons +1 more

Case Brief

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Parties

WONG KWAI FA (黃桂花)

1st Plaintiff

CHAN CHIT FRANK (陳捷)

2nd Plaintiff

陳慶文

Defendant

Procedural Posture

Civil Possession (trespass) / Costs Determination (paper Disposal)

Legal Issues

  1. 1 Whether summary judgment was appropriate given competing factual accounts
  2. 2 Who should bear costs when a plaintiff withdraws a summary judgment application
  3. 3 Whether prior correspondence put the plaintiffs on notice of factual disputes

Ratio Decidendi

The plaintiffs were ordered to pay the defendant's costs of the withdrawn summary judgment summons because prior correspondence and the defendant's position demonstrated factual disputes (consent to occupy and change of lock) which made summary judgment plainly inappropriate; costs assessed and reduced to a reasonable figure of HK$67,000.00 with a certificate for counsel.

Court Disposition

Plaintiffs ordered to pay costs of the summons dated 28 April 2025 to the defendant; costs summarily assessed at HK$67,000.00 with certificate for counsel.

Orders

  • Plaintiffs to pay the costs of and occasioned by the summons issued on 28 April 2025, with certificate for counsel.
  • Costs of the defendant in respect of the summons summarily assessed at HK$67,000.00.