24 Aug 2018
KO HON YUE v. CHIU PIK YUK,the wife and intended administratrix of LIU CHING LEUNG, deceased AND OTHERS
- Citation
- [2018] HKCFI 1973
- Court
- Court of First Instance
- Case number
- HCA3494/2003
The court varied the costs order nisi: the 1st defendants must pay the plaintiff the costs of the determination and 60% of the costs of the trial, to be taxed on the District Court scale. The reduction (depriving plaintiff of 40% of trial costs) was justified because the plaintiff pursued a distinct and unsuccessful claim in breach of implied term that materially increased length and cost of trial, and the plaintiff conducted litigation unreasonably and exaggerated his claim; the CJR principles apply to this straddle case and inform a proportionality-based exercise of costs discretion.