Hong Kong Case Law: Decisions & Judgments

Topic

Compensation to residents

Legal area

Court

27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV345/1998

Because the Housing Authority had acquiesced in the judge's conduct and failed to appeal his original judgment, thereby arguably encouraging the appeals, and because the Authority's success resulted from this court's view of the judge's judgment rather than from the Authority's own arguments, the Court exercised its discretion and made no order as to the Authority's costs of these appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV320/1998

The Court exercised its discretion to depart from the ordinary rule that costs follow the event because the respondent had acquiesced in the course of proceedings below and failed to appeal the original judgment; the respondent’s success in these appeals resulted from the Court’s view of the judge’s decision rather than from the respondent’s arguments, and those exceptional circumstances justified making no order as to costs.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV323/1998

The Court exercised its discretion to depart from the general rule that costs follow the event because the Hong Kong Housing Authority had acquiesced in the course taken below and failed to appeal the original judgment; the respondent's success resulted from the appellate court's view of the judge's original judgment rather than from the respondent's own arguments, and therefore the court made no order as to the respondent's costs of these appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV316/1998

The Court exercised its discretion and, having found the respondent's acquiescence and failure to appeal earlier proceedings materially encouraged the appeals and that the respondent's success resulted from the court's view rather than the respondent's advocacy, held that exceptional circumstances existed and ordered that there be no order as to the respondent's costs of these appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV317/1998

The Court exercised its discretion to make no order as to costs because the respondent's prior acquiescence and failure to appeal the original judgment, which arguably encouraged the appeals, rendered the circumstances exceptional; the respondent's success resulted from this Court's view of the judge's original judgment rather than from the respondent's arguments, so the ordinary rule awarding costs to the successful party was displaced.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV329/1998

The Court exercised its discretion on costs and held that because the respondent had acquiesced in the judge's conduct, failed to appeal the original judgment, and the respondent's success resulted from the court's view rather than its own arguments, exceptional circumstances existed justifying no order as to the respondent's costs of these appeals.

Hong Kong Case Law

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY