Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Contractual allocation of costs

Legal area

Court

28 Mar 2023

VEMBER LORD LTD v. THE SWATCH GROUP (HONG KONG) LTD

Citation

[2023] HKCA 471
Court

Court of Appeal
Case number

CACV83/2022

The Court ordered that the parties' contractual agreement to solicitor and own client costs governs the basis of costs for the appeals; absent exceptional circumstances or public policy grounds to intervene, the court will give effect to that agreement and therefore ordered the defendant to pay the plaintiff's costs on the solicitor and own client basis.
18 Mar 2011

BANK OF CHINA (HONG KONG) LTD v. TWIN PROFIT LTD AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD v. TWIN PROFIT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV94/2010

The majority held that the mortgage documents expressly provided for indemnity costs and Hong Kong appellate precedent supports giving effect to such contractual provisions; absent any suggestion the costs were unreasonable or unreasonably incurred, the defendants must pay the plaintiff's costs on an indemnity basis in accordance with the mortgage documents.