Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Costs (order nisi)

Legal area

Court

16 Nov 2022

LAM YIU FAI t/a ART CITY ENGINEERING CO v. MA TSZ KIN

Citation

[2022] HKDC 1256
Court

District Court
Case number

DCCJ625/2018

On the balance of probabilities the Court accepted the Lams' evidence and rejected the Brothers' inconsistent and evasive testimony; the Brothers did not disclose Freetra Hotel Limited as principal and were more probably acting in their personal capacities when obtaining funds and engaging Art City, therefore the sums paid by Ms Lam were loans and the sums due to Mr Lam were not discharged by any valid investment set-off; judgment entered for the plaintiffs for the respective unpaid sums with interest and costs nisi.
11 Nov 1998

CHAN KAM HOI v. DRAGAGES ET TRAVAUX PUBLICS

Citation

CHAN KAM HOI v. DRAGAGES ET TRAVAUX PUBLICS
Court

Court of Appeal
Case number

CACV58/1997

The court held the Deputy Judge's factual findings were justified but corrected an inconsistency and an error in principle in assessing future loss of earnings: the judge's overall 45% deduction for the effect of the pre-existing condition had to be applied consistently and the multiplier used for future loss at trial age was wrong; accordingly the court substituted a future loss award of $404,910 and substituted the overall judgment sum of $825,758.38 and ordered costs nisi to the plaintiff to be taxed if not agreed.