Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Amendment to originating summons

Legal area

Court

17 Feb 2017

YUEN MAN CHUN as representative on behalf of himself and all members of CHING WAI BOXING v. HONG KONG BOXING ASSOCIATION LTD

Citation

YUEN MAN CHUN as representative on behalf of himself and all members of CHING WAI BOXING v. HONG KONG BOXING ASSOCIATION LTD
Court

Court of First Instance
Case number

HCMP962/2016

Where a claimant discontinues claims that included allegations of fraud against defendants, the court will order costs on an indemnity basis; English authority in Clutterbuck and Paton v HSBC plc is persuasive and is adopted, therefore the plaintiff must pay the 2nd to 4th defendants' costs on an indemnity basis.
15 Apr 2009

LEE CHARLES v. LEE YAN CHUN AND OTHERS

Citation

LEE CHARLES v. LEE YAN CHUN AND OTHERS
Court

Court of First Instance
Case number

HCMP1709/2007

The court held that the defendants (D1–D3), sued as executors and trustees, had acted unreasonably in opposing the amendment and had not sought Re Beddoe protection; therefore the costs of opposing the amendment and the hearing on 23 September 2008 (and the costs of the subsequent hearing) were not properly incurred on the estate and must be paid personally by D1–D3. The existing order nisi was otherwise not varied except as to specified items and carve-outs concerning costs incurred after 6 March 2008.