Hong Kong Case Law: Decisions & Judgments

Topic

Costs consequences

Legal area

Court

19 May 2023

POON KA MAN JASON v. CHENG WAI TAO AND OTHERS

Citation

[2023] HKCA 676
Court

Court of Appeal
Case number

CAMP114/2022

Court allowed the appeals: held the judge erred in excluding the transferees' registered votes and in concluding the company could accept a sanctioned payment under Order 22; on facts the Share Transfers were genuine and their votes should be counted; while Order 22 is directed to the named plaintiff, the Court had power under Order 22A to order payment out of the $40,000,000 to the company in full and final settlement; accordingly ordered payment out to the company and made consequential costs directions.
18 May 2023

CARAMAT VIRGINIA LOBEBAN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 1261
Court

Court of First Instance
Case number

HCAL497/2023

Because the court was satisfied, based on the master's written record, that the applicant voluntarily and with understanding chose to withdraw the leave application, the appropriate disposition is dismissal of the leave application.
30 Jun 2021

CONVERGE DESIGN AND CONSTRUCTION CO LTD v. MOUNT KELLY INTERNATIONAL LTD

Citation

[2021] HKCFI 1908
Court

Court of First Instance
Case number

HCCT72/2018

The court exercised its discretion under Order 22 rule 24 to award enhanced interest at 5% above judgment rate from 29 June 2019 because the defendant failed to respond to the plaintiff's first sanctioned offer, the defence and counterclaim lacked evidential basis and the defendant's conduct justified the sanctions; the court also awarded interest for earlier and later periods at the specified rates and interest on costs at half the enhanced rate.
4 Jun 2020

VITALY ORLOV v. MAGNUS LEONARD ROTH AND ANOTHER

Citation

[2020] HKCFI 1072
Court

Court of First Instance
Case number

HCMP1331/2017

The court treated the court-appointed valuer's function in these proceedings as effectively quasi-judicial because the valuation constituted the quantum phase of a split trial, required receipt of submissions on an all-informed basis and produced a final binding reasoned report capable of being made an order of the Court; applying the reasonable apprehension of bias test, the undisclosed prior engagement of the same firm (FTI UK) by Roth in related English proceedings was a material circumstance which would lead a fair-minded and informed observer to conclude there was a real possibility of b…
26 Nov 2018

LEUNG SO HUNG SIEM v. CARSON WEN AND OTHERS

Citation

[2018] HKCA 901
Court

Court of Appeal
Case number

CACV514/2018

The Court will not accept serious allegations of alteration of judicial records without evidential basis; it ordered disclosure of the hearing transcript and directed the Plaintiff and specified defendants to file affidavits and skeleton submissions, and fixed a hearing to determine whether the appeal was out of time and whether leave under s14AA is required.
25 Jan 2018

OR SIU LUNG, THE PERSON APPOINTED TO REPRESENT THE ESTATE OF LAM CHOI CHING v. FU HONG HOME FOR THE ELDERLY CO LTD t/a FU HONG HOME FOR THE ELDERLY

Citation

[2018] HKCA 44
Court

Court of Appeal
Case number

CACV189/2017

Because liability was admitted and the sanctioned payment of $380,000 was plainly outside the reasonable range for damages for the injuries suffered, it was unjust under Order 22 Rule 23 to order the plaintiff/the estate to pay defendant's costs incurred after the prescribed period; accordingly the appeal is allowed and the defendant must pay costs up to the date of acceptance and the costs of the appeal.
17 Feb 2017

WONG YAU SUI v. MORAL ACCORD LTD AND ANOTHER

Citation

WONG YAU SUI v. MORAL ACCORD LTD AND ANOTHER
Court

District Court
Case number

DCPI1622/2015

LARCO s30 substantively extends the defence of tender before action to unliquidated monetary claims; the defence may be invoked irrespective of whether the claim is quantified or whether the pleaded figure exceeds the tender; the defendants’ pre-action payments (HK$242,139 paid into court together with prior periodical payments forming a total tender of HK$300,000) satisfied the statutory requirements and constituted an amount sufficient to satisfy the plaintiff’s claim, therefore the defence was established and the plaintiff’s claim must be dismissed with costs.
21 Aug 2014

TO PUI KUI v. NG KWOK PIU AND OTHERS

Citation

TO PUI KUI v. NG KWOK PIU AND OTHERS
Court

Court of First Instance
Case number

HCMP2466/2012

Leave to appeal against the trial judge's refusal to permit amendment of the defence was refused because the refusal was a case management decision not shown to be clearly wrong, the proposed amendments were fact-sensitive and likely to disrupt trial fairness and preparation, and most amendments were irrelevant to issues in the substantive appeal; by contrast, the plaintiff was granted leave to amend her notice of appeal/respondent's notice because counsel represented that the substance of the amended grounds was already in filed skeleton submissions and respondents could deal with them witho…
16 Apr 2014

LEUNG KWONG CHIN v. MAK CHUN HUNG

Citation

LEUNG KWONG CHIN v. MAK CHUN HUNG
Court

District Court
Case number

DCPI2570/2011

The summons was dismissed because the affidavit failed to provide any evidence to support the critical factual assertion of a mutual mistaken belief about the costs effect of a Calderbank offer, and the defendant contested the claim; without evidence the consent summons could not stand.
13 Jul 2012

LAU MEI WA v. LI KING YIN AND ANOTHER

Citation

LAU MEI WA v. LI KING YIN AND ANOTHER
Court

Court of First Instance
Case number

HCPI527/2011

Leave was granted because the plaintiff displayed psychiatric symptoms temporally proximate to the accident, the causation matrix is complex (pre-existing anorexia, organic brain injury and post-accident events) and treating records alone do not resolve diagnosis, causation, prognosis or future treatment costs; preliminary notes from psychiatrists are admissible to justify a forensic joint psychiatric examination, but a solo forensic opinion obtained without leave (the opinion portion of the Kwan 2nd Report) was redacted and not admitted for the interlocutory determination.