Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Costs determination

  • 9 Jul 2013

    YL v. FTYE

    Citation
    YL v. FTYE
    Court
    Family Court
    Case number
    FCMP122/2012

    Applicant had substantially obtained the relief sought by securing a comprehensive maintenance scheme including periodical payments and funds for education and insurance; respondent's challenges about absence of pre-action letter, failure to give proposals and abandonment of document requests did not make applicant's conduct unreasonable in the circumstances; accordingly costs were awarded to applicant and to be borne by respondent, taxed if not agreed, with applicant's legal aid costs taxed under Legal Aid Regulations.

  • 16 Mar 2010

    PIONEER GLOBAL MANAGEMENT LTD v. REDHILL PROPERTIES LTD

    Citation
    PIONEER GLOBAL MANAGEMENT LTD v. REDHILL PROPERTIES LTD
    Court
    District Court
    Case number
    DCCJ1938/2009

    The court found no abuse of process: settlement of the substantive claim in arbitration did not automatically justify striking out the court action, non-compliance with O.25 did not require dismissal where the court could treat the hearing as case management, and the court was in a position to decide costs without a full trial; accordingly the O.18 strike out failed, the O.25 dismissal was not granted, leave to discontinue was given to the plaintiff and Redhill was ordered to pay Pioneer's costs except for O.25 which costs were awarded to Redhill, with taxation if not agreed.

  • 24 Nov 1998

    TA TUNG CHINA & ARTS LTD. v. FONTANA RESTAURANT LTD. AND OTHERS

    Citation
    TA TUNG CHINA & ARTS LTD. v. FONTANA RESTAURANT LTD. AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV74/1998

    The Court held that Yeung J had no jurisdiction to order a separate hearing to determine costs while leaving the substantive action alive; the correct course where defendants resist is to bring the action to a hearing for the limited purpose of determining costs (or, exceptionally, discontinue), and therefore the appeal against dismissal of the summons must be dismissed.