Hong Kong Case Law: Decisions & Judgments

Topic

Costs (solicitor and own client)

Legal area

Court

22 Mar 2023

MAXCOLM FINANCE LTD v. LI MAN NGAN AND ANOTHER

Citation

[2023] HKDC 387
Court

District Court
Case number

DCMP4769/2022

The plaintiff validly advanced funds secured by a registered mortgage and the 1st Defendant defaulted; the loan and mortgage complied with the Money Lenders Ordinance; no defence was advanced; consequently the plaintiff is entitled to a money judgment for the outstanding indebtedness, to possession of the property under the mortgage, and to an order for sale under the Partition Ordinance because physical division is impracticable. Costs on a solicitor-and-own-client basis are awarded pursuant to the contractual indemnity and the court's assessment.
21 Jan 2022

GAIN EAST INVESTMENT LTD v. CHAN PO WING

Citation

[2022] HKCA 156
Court

Court of Appeal
Case number

CAMP55/2020

Summary judgment was correctly entered because the defendant was bound by his contemporaneous Receipt acknowledging HK$400,000 and his pleaded case and evidence did not raise a triable issue of fraud or collusion sufficient to defeat enforcement; statutory breaches and the $9,500 fee concession did not render the transaction extortionate or unenforceable beyond the agreed deduction; interest award was adjusted: contractual interest for loan term to 25 March 2014, thereafter prime +1% p.a. to date of judgment below, and judgment rate from date of judgment below until payment; leave to file sup…
4 Jul 2003

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. MAISON ROUGE RESTAURANT INVESTMENT CO LTD

Citation

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. MAISON ROUGE RESTAURANT INVESTMENT CO LTD
Court

District Court
Case number

DCCJ20085/2001

Court held plaintiff entitled to judgment for outstanding management charges, ferry charges (including post-termination charges by operation of the indemnity in the DMC), pier repair costs, collection charges, interest and costs; the Pana Ocean three-year contract was reasonable at the time it was made; covenant to provide ferry services does not run with the land and therefore cannot be relied on as an alternative basis for post-termination recovery.
11 Nov 1988

RE WINNER FOOD PRODUCTS LIMITED

Citation

RE WINNER FOOD PRODUCTS LIMITED
Court

Court of First Instance
Case number

HCMP1814/1988

Respondent's breaches were irresponsible and not trivial but not sufficiently contumacious to warrant imprisonment or a fine; appropriate remedy is to order respondent to pay applicant's costs to be taxed as between solicitor and own client and paid to the applicant.

Hong Kong Case Law

MAXCOLM FINANCE LTD v. LI MAN NGAN AND ANOTHER

GAIN EAST INVESTMENT LTD v. CHAN PO WING

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. MAISON ROUGE RESTAURANT INVESTMENT CO LTD

RE WINNER FOOD PRODUCTS LIMITED