Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dishonesty in litigation

  • 12 Dec 2023

    WONG YUK LIN v. CHAN TIM YIU RAYMOND, THE PERSONAL REPRESENTATIVE OF THE ESTATEOF CHAN KWOK CHOY (ALSO KNOWN AS CHAN KWOK CHOY SCOTT), DECEASED

    Citation
    [2023] HKDC 1737
    Court
    District Court
    Case number
    DCCJ1146/2021

    The judge found the plaintiff deliberately lied about when she commenced possession (a discrepancy of about 10 years), that photographic evidence disclosed by the defendant and the plaintiff's rejection of a better settlement justified penalising dishonesty, and therefore ordered the plaintiff to pay the defendant's costs on an indemnity basis with certificate for counsel, to be taxed if not agreed.

    • Adverse possession
    • Trespass
    • Indemnity costs
    • Dishonesty in litigation
    • Without prejudice save as to costs offers
    • Settlement offers

  • 13 Jul 2002

    COGI ENTERPRISES LTD. AND ANOTHER v. AU YEE MING AND OTHERS

    Citation
    COGI ENTERPRISES LTD. AND ANOTHER v. AU YEE MING AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA488/2002

    Plaintiffs are awarded the costs of the interim injunction because defendants conceded the core dispute (save damages) and thus plaintiffs will be successful at trial; further, the 1st defendant's deliberate dishonesty and obfuscation in his affidavits justified ordering costs in favour of the plaintiffs to be taxed on a party and party basis with disbursements.

    • Interim injunction
    • Costs in the cause
    • Dishonesty in litigation
    • Possession

  • 21 Feb 1990

    SO WING LEUNG t/a TERRY ENGINEERING CO & CONTRACTOR v. CHUNG SHING COMMERCIAL CATERING EQUIPMENT LTD

    Citation
    SO WING LEUNG t/a TERRY ENGINEERING CO & CONTRACTOR v. CHUNG SHING COMMERCIAL CATERING EQUIPMENT LTD
    Court
    Court of Appeal
    Case number
    CACV148/1989

    The Court allowed the appeal in part: it held the trial judge erred in principle by attempting to assess the time/cost saving attributable to the plaintiff's use of two invoices in a reserved judgment without recourse to counsel or referral to a Master, and varied the costs order so that the plaintiff would have his costs when taxed or agreed except insofar as those costs are attributable to issues arising from the production of the two invoices each for HK$17,000 dated 17 September 1987; the court declined to further vary costs for the plaintiff's dishonesty and refused to disturb the discre…

    • Costs orders
    • Counterclaim
    • Set-off
    • Payment into court/open letter (rsc o62 r5(d))
    • Discretion on costs (rsc o15 r2(4))
    • Dishonesty in litigation