Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admission and admissibility of without prejudice communications
  • 23 Jan 2024

    SUEN HUNG SHAN v. WONG & OUYANG (HK) LTD

    Citation
    [2024] HKCFI 268
    Court
    Court of First Instance
    Case number
    HCA1796/2020

    Plaintiff failed to show any proper basis to depart from the default rule that costs follow the event: the settlement communications either were inadmissible or did not result in a better outcome, the defendant's conduct was reasonable, financial hardship is not a basis to vary costs, and transfer from the Labour Tribunal does not preclude a costs order; therefore the Cost Order Nisi is made absolute and plaintiff must pay defendant's costs (including of the variation application), to be taxed if not agreed.

    • Costs discretion
    • Admission and admissibility of without prejudice communications
    • Effect of transfer from labour tribunal
    • Sanctioned offers