Hong Kong Case Law: Decisions & Judgments

Topic

Academic appeals

Legal area

Court

10 Dec 2014

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS

Citation

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS
Court

Court of Final Appeal
Case number

FACV4/2014

The appeal was dismissed as academic and the Court declined to decide the merits because the appellants had disposed of their substantive shareholding and therefore lacked a practical interest; the appellants and their solicitors' failure to disclose that change to the courts was a serious breach warranting an order that the appellants pay the respondent's costs on an indemnity basis.
2 Jul 2014

GA v. DIRECTOR OF IMMIGRATION

Citation

GA v. DIRECTOR OF IMMIGRATION
Court

Court of Final Appeal
Case number

FACV7/2013

The Court made the order nisi absolute and ordered no order as to costs because the IDT point was a legitimate and important issue that had to be considered by the Court, could have required further fact-finding that might have produced success for the Applicants, and therefore it was not appropriate simply to apply the ordinary rule that costs follow the event where the appeals were dismissed.
2 Jul 2014

PA v. DIRECTOR OF IMMIGRATION

Citation

PA v. DIRECTOR OF IMMIGRATION
Court

Court of Final Appeal
Case number

FACV8/2013

The court made the order nisi absolute and ordered no order as to costs because the applicants were justified in raising the IDT issue (an important question that had to be decided), and because the academic nature of the appeals meant it was inappropriate simply to adopt the 'costs follow the event' approach.
2 Jul 2014

FI v. DIRECTOR OF IMMIGRATION

Citation

FI v. DIRECTOR OF IMMIGRATION
Court

Court of Final Appeal
Case number

FACV9/2013

Because the IDT issue was a substantive legal point that had to be decided by the Court and could have led to further fact‑finding and eventual success by the Applicants, it was inappropriate to apply the ordinary 'costs follow the event' rule; accordingly the order nisi (that there should be no order as to costs) was made absolute.
29 Apr 2005

YIP CHING TSZ v. EAST WEEK PUBLISHING LTD AND OTHERS

Citation

YIP CHING TSZ v. EAST WEEK PUBLISHING LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2586/2004

The proper course was to permit substitution of the real printer (Toppan) under the rules; the appeal against the Master's dismissal of the strike out summons is academic once substitution was ordered and does not justify costs to K2; the Register does not give rise to an estoppel making K2 liable for publication it did not print; because parties (East Week and K2) and the plaintiff's advisors contributed to unnecessary costs by failing to resolve factual confusion, each party must bear its own costs and previous costs orders are set aside.

Hong Kong Case Law

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS

GA v. DIRECTOR OF IMMIGRATION

PA v. DIRECTOR OF IMMIGRATION

FI v. DIRECTOR OF IMMIGRATION

YIP CHING TSZ v. EAST WEEK PUBLISHING LTD AND OTHERS