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Hong Kong Case Law

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Civil procedure [2022] HKDC 607

LEUNG WAI CHEUNG v. OCTEL NETWORKS LTD AND OTHERS

Taxation review of costs after dismissal of a tenancy dispute: the Master largely upheld the taxed bills, made limited adjustments, and ordered the plaintiff to pay most review costs.

  • Taxation of costs
  • Litigant in person costs
  • Production of retainer/receipts
  • Party and party costs
  • Costs orders nisi becoming absolute
  • Duplication of costs
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Contract [2021] HKCFI 1431

LEONG CHI KAI v. CHAN WING SUN

The Court dismissed a claim over a mediated settlement, holding mediation communications were confidential, alleged implied terms failed, and the auditor’s findings bound the parties.

  • Enforcement of mediated settlement
  • Confidentiality of mediation communications
  • Implied terms
  • Specific performance
  • Abuse of process
  • Binding nature of auditor's report
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Contract [2021] HKCFI 206

LAI TAI MIU, ROVANA v. EVEREST TIMOTHY WODEHOUSE

The Court of First Instance held that a mediated settlement agreement was admissible, binding, and repudiated by prolonged non-payment, and ordered sale of the jointly owned property.

  • Repudiatory breach
  • Enforcement of mediated settlement agreement
  • Partition and sale under partition ordinance cap.352
  • Without prejudice privilege
  • Mediation confidentiality (mediation ordinance cap.620)
  • Repudiatory-breach
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Civil procedure THE INCORPORATED OWNERS OF FLORA GARDEN v. CHAN MAU TANG AND ANOTHER

THE INCORPORATED OWNERS OF FLORA GARDEN v. CHAN MAU TANG AND ANOTHER

The Lands Tribunal dismissed respondents’ application to vary a costs order nisi, holding the Incorporated Owners were entitled to costs on the District Court scale.

  • Costs order nisi
  • Variation of costs
  • Mediation conduct
  • Jurisdiction (small claims vs lands tribunal)
  • Leave to appeal
  • Taxation scale
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Property WING HONG INVESTMENT CO LTD v. FUNG SOK HAN AND OTHERS

WING HONG INVESTMENT CO LTD v. FUNG SOK HAN AND OTHERS

The court varied a costs order nisi, increasing the 2nd to 4th defendants’ liability to 90% of the plaintiff’s costs, with no order as to costs for this application.

  • Costs order
  • Sanctioned offer
  • Variation of costs
  • Exclusive occupation/possession
  • Practice direction 31
  • Costs-order
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Family law M S, EFS also known as S, EF v. M,UN

M S, EFS also known as S, EF v. M,UN

The court held that a wife was not barred from seeking further financial provision for adult children despite a prior mediated consent order, and adjourned the application for argument.

  • Maintenance for adult children
  • Variation of consent order
  • Clean break
  • Exercise of discretion
  • Delay and prejudice
  • Child-maintenance
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Civil procedure ALL CHINA EXPRESS LTD v. SEE WAH FAN

ALL CHINA EXPRESS LTD v. SEE WAH FAN

Leave to appeal out of time was refused after the court found the underlying summonses misconceived and the proposed appeal had no prospect of success.

  • Leave to appeal out of time
  • Mediation ordinance applicability
  • Order 20 objections to pleadings
  • Interest under high court ordinance s48
  • Summons procedure
  • Leave-to-appeal-out-of-time
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Contract CHOI KWOK WAI v. TSE KAI LEE

CHOI KWOK WAI v. TSE KAI LEE

The court dismissed a summary determination and alternative summary judgment application over a mediated settlement agreement, finding disputed facts and a triable issue.

  • Enforceability of settlement agreement
  • Interpretation of agreement to mediate
  • Without prejudice communications
  • Summary determination (order 14a)
  • Summary judgment (order 14)
  • Summary-determination
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Mediation LINCOLN AIR CONDITIONING & ENGINEERING CO LTD AND ANOTHER v. CHAN PING FAI RICKY AND OTHERS

LINCOLN AIR CONDITIONING & ENGINEERING CO LTD AND ANOTHER v. CHAN PING FAI RICKY AND OTHERS

The Court of First Instance expunged pleading and witness statement paragraphs based on mediation communications, holding they could not be used without leave under section 9 of the Mediation Ordinance.

  • Mediation confidentiality
  • Admissibility of mediation communications
  • Expungement of pleadings
  • Entire agreement clause
  • Agency
  • Mediation-confidentiality
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Civil procedure PRADEEP RAMCHANDRA GHATGE v. MUKESH KUMAR ADUKIA AND ANOTHER

PRADEEP RAMCHANDRA GHATGE v. MUKESH KUMAR ADUKIA AND ANOTHER

The District Court dismissed the plaintiff’s summons and appeal, upheld a HKD15,000 costs assessment, and declined to compel mediation or entertain contempt.

  • Mediation compliance
  • Contempt of court procedure
  • Summary assessment of costs
  • Striking out (order 18 r.19)
  • Case management jurisdiction
  • Summary-assessment-of-costs
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.