Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Calderbank/without prejudice save as to costs offers

  • 28 Apr 2023

    SHING YAT KWONG v. LI MAN HONG AND ANOTHER

    Citation
    [2023] HKDC 530
    Court
    District Court
    Case number
    DCMP3218/2018

    The court refused to vary the costs order nisi because the matters urged by defendants did not materially increase trial time or prejudice the plaintiff, the plaintiff obtained a better outcome than the defendants' Calderbank offer making refusal of the offer reasonable, and the court had already considered the relevant factors; therefore the original costs order (defendants pay 80% of costs) should be upheld and defendants' summons dismissed.

    • Costs orders
    • Injunctions
    • Trespass
    • Calderbank/without prejudice save as to costs offers
    • Mesne profits
    • Expert evidence

  • 11 Sept 2020

    CHAN FUK TAI AND OTHERS v. CHAN WAI MING

    Citation
    [2020] HKCFI 2352
    Court
    Court of First Instance
    Case number
    HCMP3474/2016

    Court exercised discretion to vary the Costs Order Nisi by applying an issue-based approach: defendant ordered to pay 65% of plaintiffs' costs of the inquiry (excluding separately ordered items); indemnity out of the estate limited because the defendant unreasonably contested certain categories so only 80% of costs ordered against him and his own inquiry costs are indemnifiable; costs of failed recusal application are to be borne personally by the defendant; costs of the adjourned hearing are to be borne by the defendant but indemnified from the estate; summary assessment ordered.

    • Indemnity of personal representative
    • Issue-based costs allocation
    • Unless order compliance
    • Recusal applications
    • Summary assessment of costs
    • Calderbank/without prejudice save as to costs offers

  • 30 Apr 2018

    LAM PO YEE AND ANOTHER v. DR CHAN YEE SHING also known as DR CHAN YEE SHING ALVIN

    Citation
    [2018] HKCFI 870
    Court
    Court of First Instance
    Case number
    HCPI62/2011

    The court held that the plaintiffs' judgment (damages plus interest calculated to the relevant date) exceeded the sanctioned payments so Order 22 r.23 did not apply; the FDH claim and updated incurred medical expenses arose from the same original cause of action and were not new causes of action for the sanctioned payment comparison; the defendant failed to discharge the onus to justify displacing the general rule that costs follow the event under Order 62 and to show the plaintiffs acted improperly or unreasonably so as to warrant depriving them of costs or ordering them to pay the defendant…

    • Sanctioned payment (order 22)
    • Order 22 rule 23 consequences
    • Order 62 costs discretion
    • Cause of action
    • Amendment and transfer of heads of claim
    • Inherent jurisdiction

  • 30 Nov 2017

    The Owners and/or Demise Charterers of the Ship or Vessel "MCC Jakarta" v. The Owners and/or Demise Charterers of the Ship or Vessel "Xin Nan Tai 77"

    Citation
    The Owners and/or Demise Charterers of the Ship or Vessel "MCC Jakarta" v. The Owners and/or Demise Charterers of the Ship or Vessel "Xin Nan Tai 77"
    Court
    Court of First Instance
    Case number
    HCAJ48/2011

    The Court held that (1) sanctioned offers under RHC O 22 are not invalid merely because they include terms as to costs unless those terms conflict with mandatory RHC O 22 provisions; (2) the 1st and 3rd Jakarta offers were effective for costs purposes (service to TZ & Co was effective as TZ & Co was instructed to act and the Xiamen notice did not defeat that), entitling Jakarta to indemnity costs after the respective cut-off dates and enhanced interest on costs subject to proportionality; (3) where RHC O 22 does not neatly apply to offers between co-defendants or to offers addressed to multip…

    • Collision liability and apportionment
    • Sanctioned offers (order 22)
    • Calderbank/without prejudice save as to costs offers
    • Service of documents and address for service
    • Indemnity costs and enhanced interest
    • Taxation of costs

  • 30 Nov 2017

    The Owners and/or Demise Charterers of the Ship or Vessel “TS Singapore” v. The Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77” AND ANOTHER

    Citation
    The Owners and/or Demise Charterers of the Ship or Vessel “TS Singapore” v. The Owners and/or Demise Charterers of the Ship or Vessel “Xin Nan Tai 77” AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAJ49/2013

    The court held Jakarta's offers to Xin Nan Tai (first and second Jakarta offers) were effective; Xin Nan Tai failed to beat those offers and must therefore bear costs in accordance with the offers and RHC O22 consequences where applicable (indemnity costs and enhanced interest after the cut‑off date for the 1st collision; full costs after expiry for the 2nd treated as an open offer). The court also held Singapore's second purported sanctioned offer failed RHC O22 r5(7) and therefore could not be relied upon as a sanctioned offer nor taken into account as a Calderbank offer because Singapore c…

    • Collision apportionment
    • Sanctioned offers (order 22)
    • Calderbank/without prejudice save as to costs offers
    • Service of process for offers
    • Indemnity costs
    • Enhanced interest on costs

  • 14 Mar 2016

    WMJ v. CPS

    Citation
    WMJ v. CPS
    Court
    Family Court
    Case number
    FCMP55/2015

    The court held that the applicant's strike-out of paragraph 1 was meritorious and would likely have succeeded, but strike-out of paragraph 2 was not clearly bound to succeed; the Calderbank offer of 27 Nov 2015 was a serious offer worthy of consideration and the respondent unreasonably failed to respond; having regard to merit and conduct the fair costs order was that the respondent pay 50% of applicant's costs up to 16 Nov 2015 and pay applicant's costs from 27 Nov 2015 onward, with taxation if not agreed and certificates for counsel's attendance, and respondent's own costs taxed under Legal…

    • Striking out
    • Calderbank/without prejudice save as to costs offers
    • Stay of proceedings
    • Jurisdiction under s.10 guardianship of minors ordinance
    • Conduct and costs