Hong Kong Case Law: Decisions & Judgments

Topic

Discontinuance and costs

Legal area

Court

24 Jan 2025

OASIS KINDERGARTEN LTD v. KOWLOON TONG BAPTIST CHURCH

Citation

[2025] HKCFI 467
Court

Court of First Instance
Case number

HCA684/2019

The court held that the plaintiff had obtained substantially what it sought under the Injunction Summons because the defendant voluntarily offered and continued the interim undertaking that achieved the injunction relief until the management agreement expiry; accordingly the plaintiff is the effective winner of the interlocutory summons and the court exercised its discretion to award immediate costs of that summons to the plaintiff while reserving costs of the main action until determination of the defendant's counterclaim.
11 Jul 2024

FOREVER CONCORD LTD v. LAU KWONG & HUNG (A Firm) AND OTHERS

Citation

[2024] HKCFI 1838
Court

Court of First Instance
Case number

HCMP620/2024

Leave to discontinue/withdraw was granted; the discontinuance was not simply an admission of defeat but partly justified by new information and the appropriateness of resolving related matters in the writ action. However the plaintiff was not blameless in commencing prematurely. As a result the court ordered that 50% of the costs of the two filed affirmations be in the cause of HCA 845/2024 as between the plaintiff and the 1st and 3rd defendants, and made no order as to the remainder of the costs of the discontinued/withdrawn items (including specified apportionments). A costs nisi of no orde…
21 Jul 2023

李琬碧對沈啟宗及另三人

Citation

[2023] HKLdT 48
Court

Lands Tribunal
Case number

LDBM16/2022

The Tribunal accepted the applicant had mailed the discontinuance notice but computed the 14‑day period under the applicable rules and found the respondents' costs application was marginally late; the Tribunal properly exercised its discretion under rule 32 to extend time because the delay was inadvertent, short (two to three days) and caused no prejudice. The applicant lacked standing under Building Management Ordinance s45 to bring the application on the stated basis and therefore was likely to fail; accordingly costs were properly awarded to the respondents and the review application was d…
13 Sept 2017

PERRINE CHAMONIX LTD v. STAR LEAGUE LTD AND ANOTHER

Citation

PERRINE CHAMONIX LTD v. STAR LEAGUE LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1139/2017

The Plaintiff was awarded costs because it obtained substantially what it sought (cessation of the brothel and undertakings) and the 1st Defendant had no credible defence and acted unreasonably and belatedly in terminating the lease; therefore costs follow the event and justice required costs in favour of the Plaintiff; costs were summarily assessed at HK$280,000.
1 Sept 2006

HO YUEN KI, WINNIE v. STANLEY HO

Citation

HO YUEN KI, WINNIE v. STANLEY HO
Court

Court of First Instance
Case number

HCA2798/2002

HCMP 317/2004 was not a third-party proceeding for present purposes because the Defendant was a substantive defendant and consented to the costs order; the rule in Berry prevents the plaintiff from recovering in this action legal costs in excess of those awarded or taxed in the prior reinstatement proceeding, and having consented to the costs order the plaintiff cannot relitigate taxed-off costs. Therefore paragraphs 2–6 of the Amended Statement of Claim (the damages claim) are struck out and dismissed.

Hong Kong Case Law

OASIS KINDERGARTEN LTD v. KOWLOON TONG BAPTIST CHURCH

FOREVER CONCORD LTD v. LAU KWONG & HUNG (A Firm) AND OTHERS

李琬碧 對 沈啟宗及另三人

PERRINE CHAMONIX LTD v. STAR LEAGUE LTD AND ANOTHER

HO YUEN KI, WINNIE v. STANLEY HO

李琬碧對沈啟宗及另三人