Hong Kong Case Law: Decisions & Judgments

Topic

Costs order nisi variation

Legal area

Court

12 Nov 2025

CHEUNG TAK MAN DESMOND AND ANOTHER v. IP PUI LAM ARTHUR AND OTHERS

Citation

[2025] HKDC 1936
Court

District Court
Case number

DCCJ2733/2021

The court held the judgment was more advantageous than the plaintiffs' earlier sanctioned offer because the judgment expressly provided for interest and the mechanism for custody and distribution consistent with the pleaded partnership entitlements; accordingly the costs order nisi was varied to award (a) interest on the judgment sum at judgment rate until 24 Feb 2023, at 1% above judgment rate from 25 Feb 2023 to 26 Jun 2025, and at judgment rate thereafter until payment; (b) costs payable to plaintiffs to be taxed party and party for costs up to 24 Feb 2023 and on an indemnity basis from 25…
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

DCEC838/2022

The court found the sanctioned payments were validly made and served, the applicant failed to obtain judgments better than those payments, and nothing shown made it unjust to apply O.22 r.23; accordingly the statutory consequences under O.22 r.23 were imposed, varying the Costs Order Nisi as specified and directing indemnity taxation for costs incurred after the relevant dates.
6 Dec 2024

WONG LAM WEI HOLLY v. HOSPITAL AUTHORITY

Citation

[2024] HKDC 2069
Court

District Court
Case number

DCEC2755/2021

Because the applicant had received HK$159,080.38 in periodical payments prior to proceedings and the court awarded only HK$1,228.00 on quantum despite finding liability, and having considered negotiations and authorities, the costs order nisi was varied and made absolute: the applicant must pay the respondent's costs of the action and the applicant's own costs since 4 May 2022 are to be taxed in accordance with the Legal Aid Regulations.
15 Apr 2021

THE INCORPORATED OWNERS OF KINGLAND APARTMENTS v. 余國偉trading as余國偉醫館 AND ANOTHER

Citation

[2021] HKDC 437
Court

District Court
Case number

DCCJ4542/2015

The 8 July 2016 without prejudice letter was inadmissible as a Calderbank letter; it was not unreasonable for the plaintiff to continue the action after July 2016 because some alleged illegal 'leftovers' remained and were only pleaded later; however the court found the plaintiff had continued parts of the litigation for an improper purpose to obtain extra profit and therefore ordered the plaintiff to bear the defendants' costs on an indemnity basis from 31 August 2018 onwards, while the defendants shall pay two thirds of the plaintiff's costs up to 30 August 2018 (party and party taxable if n…
23 Apr 2013

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER

Citation

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER
Court

Court of First Instance
Case number

HCA1739/2010

The Costs Order Nisi was varied to allocate costs by reference to the distinct applications: costs of the California Action Application awarded to Angela and costs of the Intended Contempt Proceedings awarded to Vivien, with a certificate for two counsel, because the California application was the main focus and the contempt limb was brief, unsuccessful and should not attract Angela's full costs.
9 Feb 2006

CHENG KEE CHUN v. YU LEUNG KIN

Citation

CHENG KEE CHUN v. YU LEUNG KIN
Court

Court of First Instance
Case number

HCA3464/2003

The court found no real prejudice from the summons form because the substance was clear in prior correspondence; the defendant's counterclaim relating to rent was integrally connected to the main issues and its abandonment was not so reprehensible as to warrant a separate adverse costs order; accordingly the costs order nisi was made absolute and the plaintiff was ordered to pay the defendant's costs.

Hong Kong Case Law

CHEUNG TAK MAN DESMOND AND ANOTHER v. IP PUI LAM ARTHUR AND OTHERS

CHAN MAN SAU v. 風采中學（教育評議會主辦）法團校董會

WONG LAM WEI HOLLY v. HOSPITAL AUTHORITY

THE INCORPORATED OWNERS OF KINGLAND APARTMENTS v. 余國偉trading as余國偉醫館 AND ANOTHER

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER

CHENG KEE CHUN v. YU LEUNG KIN