CHU SYMON HIN WING, CHU YUM KO DANIEL (朱蔭高) and CHU YUM HONG (朱蔭康) as managers of CHU NAM YUN (OR YUEN) (朱南園) suing on behalf of all members of CHU NAM YUN (OR YUEN) (朱南園) 對 羅志民及另四人

CHU SYMON HIN WING, CHU YUM KO DANIEL (朱蔭高) and CHU YUM HONG (朱蔭康) as managers of CHU NAM YUN (OR YUEN) (朱南園) suing on behalf of all members of CHU NAM YUN (OR YUEN) (朱南園) 對 羅志民及另四人

The application to vary the interim costs order was dismissed because the applicant failed to show any unreasonableness in the order or assessed amount, the asserted financial and health difficulties did not justify depriving the successful party of costs incurred due to the applicant's own application, and the...

Source-derived case information.

Citation
[2026] HKCA 222
Parties
Plaintiff: CHU SYMON HIN WING; Plaintiff: CHU YUM KO DANIEL (朱蔭高); Plaintiff: CHU YUM HONG (朱蔭康); Defendant: Law Chi Man (羅志民); Defendant: Cheung Sheung (張常); Defendant: Lee Yuk Ying (李玉英); Defendant: Poon Ka Chun (潘家駿); Defendant: OCCUPIER(S) OF THE PREMISES known as LOT NO.1180 in DEMARCATION DISTRICT NO.11, Tai Po, New Territories, Hong Kong
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 February 2026
Case Number
CAMP120/2025
Procedural Posture
Court of Appeal Miscellaneous Application (costs Variation) / Application to Vary Interim Costs Order
Outcome
Application dismissed; interim costs order made absolute.
Legal Topics
Costs Order, Variation, Leave to Appeal, Unfiled Evidence
Source Language
ch
Civil Procedure Costs Appeal Costs Order Variation Leave to Appeal Unfiled Evidence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

CHU SYMON HIN WING

Plaintiff

CHU YUM KO DANIEL (朱蔭高)

Plaintiff

CHU YUM HONG (朱蔭康)

Plaintiff

Law Chi Man (羅志民)

Defendant

Cheung Sheung (張常)

Defendant

Lee Yuk Ying (李玉英)

Defendant

Poon Ka Chun (潘家駿)

Defendant

OCCUPIER(S) OF THE PREMISES known as LOT NO.1180 in DEMARCATION DISTRICT NO.11, Tai Po, New Territories, Hong Kong

Defendant

Procedural Posture

Court of Appeal Miscellaneous Application (costs Variation) / Application to Vary Interim Costs Order

Legal Issues

  1. 1 Whether the interim costs order should be varied or set aside
  2. 2 Whether the applicant's asserted inability to pay (health and financial difficulties) justifies depriving the successful party of costs
  3. 3 Whether evidence not filed in support of the application should be considered

Ratio Decidendi

The application to vary the interim costs order was dismissed because the applicant failed to show any unreasonableness in the order or assessed amount, the asserted financial and health difficulties did not justify depriving the successful party of costs incurred due to the applicant's own application, and the court would not consider evidence that had not been filed; accordingly the interim costs order was made absolute.

Court Disposition

Application dismissed; interim costs order made absolute.

Orders

  • The application filed on 30 December 2025 by the fourth defendant is revoked.
  • No costs order is made in respect of the 30 December 2025 application because the plaintiffs did not respond to that application.