Hong Kong Case Law: Decisions & Judgments

Topic

Costs apportionment

Legal area

Court

17 Oct 2025

CHAN MAN SAU v. 風采中學（教育評議會主辦）法團校董會

Citation

[2025] HKDC 1749
Court

District Court
Case number

DCEC2172/2020

Sanctioned payments were valid and Applicant failed to obtain judgments better than those payments; accordingly, under Rules of District Court O.22 r.23 the court must impose the prescribed costs consequences; the Applicant's requests to vary the Costs Order Nisi were refused; costs in the four proceedings where sanctioned payments were made are to be taxed on party and party up to the specified cut-off dates and on indemnity basis thereafter with certificate for counsel, interest ordered on costs at the specified aggregate rate periods, sanction sums to be paid out to respondent's solicitors…
6 Oct 2025

CHAN SHU LAM v. CHAN CHAU WAH

Citation

[2025] HKCFI 4593
Court

Court of First Instance
Case number

HCAP6/2020

The judge found the Plaintiff's grounds for appeal unarguable and that the Defendant had reasonable grounds to investigate the validity of the 2019 Will given suspicious circumstances caused by the Deceased and the Plaintiff; the costs order (Plaintiff's costs and 65% of Defendant's costs to be paid from the estate) was a lawful exercise of discretion taking into account relative success, conduct of the parties and the exceptions to costs following the event; accordingly there was no reasonable prospect of success and leave to appeal was refused.
4 Aug 2025

CHAN SHU LAM v. CHAN CHAU WAH

Citation

[2025] HKCFI 3338
Court

Court of First Instance
Case number

HCAP6/2020

The court refused to vary the costs order nisi and maintained that the Plaintiff's costs and 65% of the Defendant's costs be paid out of the Deceased's estate because (i) the proceedings involved two issues apportioned 65% to probate and 35% to beneficial ownership and it was just to order one holistic costs regime, (ii) the Defendant had reasonable grounds to challenge the 2019 Will given the Deceased's and Plaintiff's conduct and medical/circumstantial doubts, and (iii) the Plaintiff's dishonest litigation conduct warranted disapproval and affected apportionment; accordingly the existing or…
30 Jun 2025

RE FAIRWIN BROKING LTD

Citation

[2025] HKDC 1066
Court

District Court
Case number

DCMP7038/2024

Applicant established it held the assets on trust, demonstrated reasonable and extensive efforts to locate and notify clients, addressed all requisitions raised at first hearing, and where clients had given instructions no court‑conferred power was needed; accordingly the court granted the summons to amend the OS and granted leave under the Trustee Ordinance to deal with unclaimed, delisted and dead stock securities (including sale, forfeiture and deposit of proceeds into court) subject to the terms in the draft order and permitted redaction of personal data; costs procedure ordered as direct…
20 May 2025

ANG JIMMY TJUN MIN v. KHOO CHUN KIM AND OTHERS

Citation

[2025] HKCFI 2106
Court

Court of First Instance
Case number

HCA17/2021

The Administrator must participate in HCA 16 as an Interested Party (subject to funding, indemnity and any Beddoe directions). There will be no stay of HCA 1449 or HCA 863. The Administrator must file and serve a statement of claim to adopt HCA 1449 or propose consolidated pleadings within six months (three months if no Beddoe application). Mother’s deposition is ordered and scheduled in two sessions (24-26 November and 2-4 December 2025) with detailed procedural directions; Try Together summonses adjourned sine die with liberty to restore after the Administrator files the statement of claim…
8 May 2025

LIN GUIFEI, as the administratrix of the estate of LEE KIN WAH, Deceased v. LUI CHUNG since Deceased, LUI PO KIN RICKY, appointed by an Order dated 28th March 2025 to represent the Estate of LUI CHUNG, Deceased AND ANOTHER

Citation

[2025] HKCFI 1904
Court

Court of First Instance
Case number

HCA596/2021

The court found the Last Partnership was dissolved on the Deceased's death; the Post-2017 Luen Fat carried on the business of the firm and at least some partnership assets (including unaccounted cash and unreconciled entitlements beyond the HK$312,696.20 cashier order) were utilised by the Defendants; the Defendants failed to discharge the burden of proving non-use of partnership assets; all statutory conditions in s44 were satisfied; therefore the Plaintiff is entitled to relief under s44 and the court ordered taking of partnership account, inquiries and tracing and found misappropriation of…
9 Sept 2024

THE INCORPORATED OWNERS OF CHEONG FAT FACTORY BUILDING (FLATS A, B, E & F) AND ANOTHER v. WONG YUET HAN黃月嫻trading as MAN LEE HONG民利行, being THE OCCUPIER OF A STRUCTURE ERECTED UNDER THE ESCAPE STAIRCASE LEADING TO NO. 265 UN CHAU STREET ON GROUND FLOOR AND OTHERS

Citation

[2024] HKDC 1484
Court

District Court
Case number

DCCJ4219/2018

Defendants failed to discharge the heavy burden of proving adverse possession: their evidence lacked compelling proof of requisite animus and in many respects was equivocal or inconsistent; documentary and witness evidence established a longstanding licence arrangement administered by the Owners' Association and continued by Ps/MVO with monthly nominal fees; occupation was therefore permissive and not adverse; plaintiffs are entitled to vacant possession and mesne profits at HK$700 per month from 1 May 2018 until delivery of possession; however the 4th defendant acquired possessory title to t…
6 Feb 2024

TANG PUN SANG v. TANG KWOK SHUA AND OTHERS

Citation

[2024] HKCFI 359
Court

Court of First Instance
Case number

HCAL1354/2023

Applicant obtained substantial success (settlement of the key relief: Director agreed to process the application without a vouching declaration). On the facts the proper exercise of the court's discretion was to award costs to the Applicant on a party and party basis apportioned 60% to the Director and 10% to each of PR1-PR4; indemnity costs and a certificate for two Counsel were not justified.
11 Jan 2024

CHINA CITY CONSTRUCTION (INTERNATIONAL) CO, LTD (IN CREDITORS’ VOLUNTARY LIQUIDATION) v. CHAMP PRESTIGE INTERNATIONAL LTD AND ANOTHER

Citation

[2024] HKCFI 192
Court

Court of First Instance
Case number

HCCW30/2022

The application for summary assessment was dismissed because the costs orders were made on nisi and no application under O 42 r 5B was made within 14 days, rendering the Court functus; additionally the complexity and overlapping nature of the costs required taxation and apportionment rather than summary assessment.
1 Dec 2023

WONG, CHI HUNG v. LO, WING PUN AND ANOTHER

Citation

[2023] HKDC 1664
Court

District Court
Case number

DCCJ1960/2019

The sanctioned offer addressed to the defendants' solicitors was objectively capable of acceptance by either defendant individually or by both jointly because the plaintiff's claim was joint and several and the plaintiff's objective concern was receipt of the Offered Sum; the offer was genuine and properly made; therefore sanctioned consequences applied: the costs order nisi was varied as specified, enhanced interest of 4.5% above judgment rate awarded from 29 July 2023, indemnity costs from 29 July 2023, interest on judgment sum from 1 March 2019 to 28 July 2023 at pre-judgment rate, and cos…