Hong Kong Case Law: Decisions & Judgments

Topic

Discretion to depart from costs rule

Legal area

Court

27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV319/1998

Although the respondent succeeded on appeal, the Court exercised its discretion to depart from the general rule that costs follow the event because the Housing Authority's acquiescence in the judge's course below and its failure to appeal the original judgment had encouraged the appeals; in these exceptional circumstances the court made no order as to the Housing Authority's costs of the appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV288/1998

The Court exercised its discretion to depart from the normal rule that costs follow the event because the Hong Kong Housing Authority had acquiesced in the course of proceedings and failed to appeal the original judgment, conduct which encouraged the appeals; the Authority's success resulted from this Court's view of the judge's original judgment rather than from the Authority's own arguments, and in these exceptional circumstances the proper order was to make no order as to costs.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV323/1998

The Court exercised its discretion to depart from the general rule that costs follow the event because the Hong Kong Housing Authority had acquiesced in the course taken below and failed to appeal the original judgment; the respondent's success resulted from the appellate court's view of the judge's original judgment rather than from the respondent's own arguments, and therefore the court made no order as to the respondent's costs of these appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV327/1998

The Court exercised its discretion to make no order as to costs because the Housing Authority's acquiescence in the conduct of proceedings below and its failure to appeal the original judgment reasonably encouraged the appeals; the Authority's success resulted from this Court's view of the lower court's judgment rather than from the Authority's arguments, so awarding costs was inappropriate.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV28/1999

The Court exercised its discretion to make no order as to the respondent's costs because the Hong Kong Housing Authority's prior acquiescence and failure to appeal the original judgment encouraged the appellants to pursue these appeals and the respondent's success resulted from this Court's assessment rather than the respondent's own arguments, rendering an award of costs inappropriate.

Hong Kong Case Law

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY