Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discretionary costs awards

Legal area

Court

14 Mar 2016

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCMP3207/2015

Leave to appeal was refused because the Court of Appeal was not satisfied the Lands Tribunal committed any error in principle or made a plainly wrong decision; the Tribunal was within its discretion to disallow costs relating to valuation approaches it found unreliable or unreasonably used, and the intended appeal lacked a reasonable prospect of success.
27 Jun 1989

THE QUEEN v. KWOK MOON YAN AND OTHERS

Citation

THE QUEEN v. KWOK MOON YAN AND OTHERS
Court

Court of Appeal
Case number

CACC347/1988

The Court of Appeal establishes that under s.83XX Cap.221 it has an unfettered discretion to award costs out of public revenue to successful appellants, that the normal practice is to award such costs unless positive reasons exist to refuse (including appellant conduct that creates or enhances suspicion or misleads the prosecution, or quashing on mere technicality), that no criminal standard of proof applies to the exercise of that discretion, and that costs for lower courts must be considered separately; accordingly costs were awarded to the appellants with sums to be ascertained by the Regi…