Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Allocation of costs among multiple defendants

Legal area

Court

9 Aug 2021

LEE CHI HANG AND OTHERS v. WELL DONE GARMENT FACTORY LTD AND ANOTHER

Citation

[2021] HKCFI 2288
Court

Court of First Instance
Case number

HCA227/2012

The summons to vary the costs order nisi was dismissed because defendants succeeded on all issues except the Diversion, the Diversion consumed only minimal time in the trial and proceedings, and given the common legal team for all defendants and the late concession by the New Co, only a small discount (5%) to defendants' costs was justified; accordingly the original order that plaintiffs pay 95% of defendants' costs was made absolute and the plaintiffs were ordered to pay costs of the summons (assessed at HK$20,000).
19 May 2014

HKSAR v. HON MING KONG AND OTHERS

Citation

HKSAR v. HON MING KONG AND OTHERS
Court

Court of Appeal
Case number

CACC272/2011

The Court may order costs under s13 of the Ordinance against unsuccessful applicants for leave to appeal in respect of appeal/application costs and should allocate those costs proportionately among multiple defendants; D1 ordered to pay 60% and D2 10% of the respondent's application/appeal costs (D1 also to pay his sentence-appeal costs), D3 no order as to costs; the Court has no jurisdiction to order payment of prosecution trial costs on appeal because the statutory scheme confines s13 costs to the appeal/application and section17 does not empower the appellate court to award trial costs inc…