Hong Kong Case Law: Decisions & Judgments

Topic

Calderbank letters

Legal area

Court

27 May 2022

HONG KONG FAR INFRARED RAYS ASSOCIATION LTD v. LAM HONG NAM AND ANOTHER

Citation

[2022] HKCFI 1565
Court

Court of First Instance
Case number

HCA1963/2014

The plaintiff's out-of-time application to vary the costs order nisi was dismissed for failure to justify the delay by affidavit; the court exercised its costs discretion, considered Calderbank/open letters and parties' conduct, declined to vary the existing order nisi (leaving the plaintiff to pay 80% of defendants' costs) and dismissed the defendants' applications to increase costs to 100% while awarding costs of the summonses accordingly.
9 Apr 2021

KWOK SIU MUI, DIANA, the administrator of the estate of LEUNG SHUI LIN (梁瑞蓮), deceased v. KWOK SIU YEE AND ANOTHER

Citation

[2021] HKCFI 860
Court

Court of First Instance
Case number

HCA380/2014

Diana (as Administratrix) was entitled to recover costs of the Money Claim; her early sanctioned offer of 11 March 2014 was genuine and attracted Order 22 consequences as against Yee so Yee must pay Diana's costs of the Money Claim on indemnity basis from 9 April 2014 to 4 January 2015 and 50% of costs on indemnity basis from 5 January 2015 until judgment; Sing (joined 5 January 2015) must pay 50% of Diana's Money Claim costs from 5 January 2015 but only on party-and-party basis; the D&V 03.04.20 sanctioned offers were tactical and not effective to trigger Order 22 consequences as to Sing or…
4 Jan 2017

WU NAI SANG v. FELLOWSHIP ENGINEERING LTD AND OTHERS

Citation

WU NAI SANG v. FELLOWSHIP ENGINEERING LTD AND OTHERS
Court

District Court
Case number

DCEC243/2011

The court exercised its discretion to make a Bullock order: it held it was reasonable for the applicant to pursue R3, the Calderbank letters were admissible and relevant, and on balance the practical consequences and the larger quantum of compensation (around HK$1,500,000) meant a Bullock order was appropriate so that R1 and R4 must indemnify the applicant for costs payable to R2 and R3.
7 Oct 2005

CHINNEY CONSTRUCTION CO LTD v. PO KWONG MARBLE FACTORY LTD

Citation

CHINNEY CONSTRUCTION CO LTD v. PO KWONG MARBLE FACTORY LTD
Court

Court of First Instance
Case number

HCCT7/2005

Chinney's unilateral mistake justified making it liable for costs up to and including those reasonably incurred in seeking remittal (modelled on a hypothetical formal hearing) but not for additional costs caused by Po Kwong's vigorous and contested opposition; accordingly the court varied the costs order nisi so that Chinney pays Po Kwong the costs of the proceedings and up to 25% of the hearing costs, while Po Kwong pays the remaining 75% of the hearing costs to Chinney; costs to be taxed if not agreed; certificate for two counsel refused.
30 May 2001

CAI GUO XIANG v. MOK HANG WON ELSA

Citation

CAI GUO XIANG v. MOK HANG WON ELSA
Court

Court of First Instance
Case number

HCAP13/1997

The last Calderbank letter of 20 October 2000 was effective for costs purposes because the plaintiff produced no admissible evidence that he could not comply with its terms; earlier offers prior to the amendment to include the donatio mortis causa claim were not binding against the plaintiff after that amendment; accordingly costs were apportioned by reference to the relevant dates and issues.

Hong Kong Case Law

HONG KONG FAR INFRARED RAYS ASSOCIATION LTD v. LAM HONG NAM AND ANOTHER

KWOK SIU MUI, DIANA, the administrator of the estate of LEUNG SHUI LIN (梁瑞蓮), deceased v. KWOK SIU YEE AND ANOTHER

WU NAI SANG v. FELLOWSHIP ENGINEERING LTD AND OTHERS

CHINNEY CONSTRUCTION CO LTD v. PO KWONG MARBLE FACTORY LTD

CAI GUO XIANG v. MOK HANG WON ELSA