Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Costs capping

Legal area

Court

6 Jun 2023

AMJAD-UL-MAHMOOD v. PROFIT HILL INTERNATIONAL HOLDINGS LTD AND ANOTHER

Citation

[2023] HKDC 715
Court

District Court
Case number

DCPI534/2017

Legal costs in EC proceedings are not to be included within the cap imposed by the proviso to s25(1)(b) ECO when calculating the amount an employer may recover from a third party; employer may recover EC compensation only up to common law damages (with interest) and may recover EC-related costs separately; accordingly the Court amended its figures and ordered D2 to pay D1 HK$444,446.
16 Feb 2017

DESIGNING HONG KONG LTD v. THE TOWN PLANNING BOARD

Citation

DESIGNING HONG KONG LTD v. THE TOWN PLANNING BOARD
Court

Court of Appeal
Case number

CACV184/2015

The appeal is dismissed: Hong Kong courts have power to grant PCOs but such orders are exceptional and the Corner House criteria apply as adapted to Hong Kong; an applicant must provide credible, sufficient evidence of financial inability to bear prospective costs (including, for corporate applicants, reasonable disclosure of resources of directors/members/backers); on the facts the applicant failed to discharge that burden and therefore the refusal of the PCO was correct.