Hong Kong Case Law: Decisions & Judgments

Topic

Adjournment and wasted costs

Legal area

Court

22 Aug 2023

HUI KIN HUNG v. CHEER PROSPECT SERVICES LTD AND OTHERS

Citation

[2023] HKDC 1133
Court

District Court
Case number

DCEC781/2020

The 2nd respondent failed to comply with its statutory duty under s.44A ECO and with the court's order to produce insurance details; the Schedule produced did not demonstrate cover for staff stationed at King Tsui Court and therefore no known policy covered the accident; adjournment to notify the Employees Compensation Assistance Fund Board was justified; responsibility for the adjournment primarily lay with the 2nd respondent (with limited blame on the applicant), warranting an order that 85% of costs thrown away be paid by the 2nd respondent to the applicant and the applicant bear 15% of bl…
28 May 2020

CHU HSIAO CHIU alias CHU TONY CHU HSIAO CHIU alias CHU HSIAO CHIU, deceased v. MA JINRUI MA MING AND ANOTHER

Citation

[2020] HKCFI 942
Court

Court of First Instance
Case number

HCA2994/2018

The court exercised its discretion to admit the two late affidavits because their relevance and probative value, combined with manageable prejudice to the defendants and available short adjournment, justified admission; the defendants were given a six-week reply period, the hearing was adjourned to a specific date, and the plaintiff was ordered to pay the costs of the application including wasted costs assessed summarily if not agreed.
27 Jan 2017

THE INCORPORATED OWNERS OF FLORA GARDEN v. YEUNG CHUEN LING SAMUEL AND ANOTHER

Citation

THE INCORPORATED OWNERS OF FLORA GARDEN v. YEUNG CHUEN LING SAMUEL AND ANOTHER
Court

Lands Tribunal
Case number

LDBM286/2014

The Tribunal refused to vary the costs orders nisi because the IO's conduct in commencing proceedings and engaging lawyers was not unreasonable given the number and complexity of issues; respondents' limited success on the 10% additional costs was insubstantial relative to the whole dispute and did not constitute an 'event' warranting no order as to costs; alleged procedural failings were either previously addressed or more appropriately dealt with at taxation; accordingly costs should follow the event and the variation applications were dismissed.

Hong Kong Case Law

HUI KIN HUNG v. CHEER PROSPECT SERVICES LTD AND OTHERS

CHU HSIAO CHIU alias CHU TONY CHU HSIAO CHIU alias CHU HSIAO CHIU, deceased v. MA JINRUI MA MING AND ANOTHER

THE INCORPORATED OWNERS OF FLORA GARDEN v. YEUNG CHUEN LING SAMUEL AND ANOTHER