Hong Kong Case Law: Decisions & Judgments

Topic

Enhanced interest

Legal area

Court

29 Apr 2026

TAM YUK CHING AND OTHERS v. HOOSENALLY & NEO (a firm)

Citation

[2026] HKCFI 2498
Court

Court of First Instance
Case number

HCA1511/2020

Refusal to grant a certificate for two counsel because the evidence and legal issues were not sufficiently complex despite seriousness of allegations; the sanctioned offer of HK$1,000 was not shown to be non-genuine on the facts and therefore costs incurred after its expiry on 26 June 2025 are to be taxed on an indemnity basis under Order 22 rule 23; the application for enhanced interest was abandoned and in any event lacked evidentiary basis.
29 Jan 2026

CHENG CHING FONG v. TING SHUK KAY PEGGY, Executrix of the Will of TING SOK HANG, deceased

Citation

[2026] HKCFI 613
Court

Court of First Instance
Case number

HCA2834/2016

The 1 March 2024 letter was not a valid sanctioned offer under O.22 because it included a costs provision ('no order as to costs') inconsistent with the automatic costs consequences in O.22 r.21; although the plaintiff obtained a better result on the Pearl City Property (and thus did better than the Offer), the court declined to award indemnity costs or enhanced interest because the global costs nisi order had already accounted for the defendant's conduct and, on balance, indemnity costs were not justified; plaintiff's summons was dismissed.
23 Jan 2026

MOHAMMAD-RIASAT v. WANTON BUSINESS SERVICES LTD

Citation

[2026] HKCFI 567
Court

Court of First Instance
Case number

HCPI312/2021

Plaintiff failed to obtain a result better than defendant's sanctioned payments and his repeated, informed rejections of settlement offers made the exercise of the court's powers under O.22 r.23 appropriate; accordingly the Nisi Costs Order was varied: enhanced interest awarded on defendant's costs at 3% per annum above judgment rate (traditional approach), the judgment sum (HK$952,477.44 plus HK$20,406.18 interest) to be set off against WBS costs incurred after discharge of legal aid on 6 July 2023, the balance after set-off to be paid to the Director of Legal Aid forthwith, and the remainin…
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…
30 Oct 2025

FU SAU TAI, RAYMOND v. WOO KWONG PO AND ANOTHER

Citation

[2025] HKDC 1845
Court

District Court
Case number

DCCJ5546/2020

The court applied Order 22 r23 RDC and held it was not unjust to enforce its consequences: the 1st Plaintiff, who was legally represented and had access to relevant material, failed to accept a HK$75,000 sanctioned payment or seek leave to accept out of time; accordingly the costs order nisi was varied to award party-and-party costs up to 14 October 2021 and indemnity costs from 15 October 2021 with an enhanced interest rate of 3% per annum above judgment rate until 29 May 2025 and judgment rate thereafter; the sanctioned payment to be paid out to defendants.
10 Jul 2025

WONG HUNG TAN THOMAS v. REGENT ENGINEERING COMPANY LTD (formerly known as UNIVIC BUILDING CONTRACTORS LTD) AND ANOTHER

Citation

[2025] HKDC 1146
Court

District Court
Case number

DCPI1673/2023

The plaintiff's sanctioned offer of $270,000 was valid and the nett judgment sum of $406,239 exceeded that offer; defendants filed no opposition or evidence to justify departing from O22 r24; therefore the court must impose enhanced interest and award plaintiff's costs on an indemnity basis after 10 February 2025; enhanced interest on the judgment sum fixed at 2% pa above the judgment rate from 11 February 2025 and enhanced interest on costs fixed at 5.5% pa from 11 February 2025; other interest arrangements and costs directions as specified were ordered.
1 Apr 2025

CHU CHEUNG CHEUNG AND ANOTHER v. THE INCORPORATED OWNERS OF PROVIDENT CENTRE No 21-53 WHARF ROAD, NORTH POINT, HONG KONG AND OTHERS

Citation

[2025] HKDC 523
Court

District Court
Case number

DCCJ244/2021

Plaintiffs plainly obtained a judgment greater than their sanctioned offer and the defendants' explanations (no breakdown, missing supplemental materials, involvement of 4th defendant) did not render enforcement unjust. Accordingly the court varied the costs order: indemnity costs and enhanced interest at 5% above judgment rate apply after 11 September 2023, with party-and-party costs up to 11 September 2023 and indemnity thereafter; interest on specified sums follows the staged rates ordered.
6 Feb 2025

YIP KIN HO v. CHAN KWOK LEUNG AND ANOTHER

Citation

[2025] HKDC 210
Court

District Court
Case number

DCCJ3203/2021

The application to vary the Costs Order Nisi was allowed because the plaintiff failed to beat the sanctioned payments/offers and the claim was found grossly exaggerated; the plaintiff bore the burden to prove damages and to disclose documents prior to trial, and it was not unjust to make orders under Order 22 r23. Enhanced interest of 3% above judgment rate on defendants' costs from 30 September 2021 to 15 November 2024 was appropriate given the exaggeration.
20 Dec 2024

CHEUNG HON KIN v. CHUBB LIFE INSURANCE COMPANY LTD (formerly known as NEW YORK LIFE INSURANCE WORLDWIDE LTD and ACE LIFE INSURANCE COMPANY LTD respectively)

Citation

[2024] HKCFI 3623
Court

Court of First Instance
Case number

HCA2711/2016

It was not unjust to make the orders under RHC O.22 r.23. The costs order nisi was varied: costs allocated between plaintiff and Director of Legal Aid according to periods of legal aid; indemnity costs ordered for the period 21 June 2023 to date of judgment payable by the plaintiff; enhanced interest awarded at 4% above judgment rate (12.875% p.a.) for the Director/paid period 11 April 2019–20 June 2023 and at 5% above judgment rate (13.875% p.a.) for plaintiff for 21 June 2023–date of judgment; sanctioned payments totalling HK$1,500,000 and accrued interest to be paid out to defendant; costs…
12 Dec 2024

CHAN SAU CHEUNG v. CHI WO CONTRACTORS LTD AND ANOTHER

Citation

[2024] HKDC 2146
Court

District Court
Case number

DCPI3003/2020

The judge found the Plaintiff's account was contradicted by contemporaneous accident and medical records and surveillance evidence, that causation and liability were not established and that Plaintiff had already received greater employee's compensation than any liability assessed; accordingly the costs order nisi was properly varied to award party-party costs to 29 December 2023 and indemnity costs thereafter with enhanced interest at 5% above judgment rate, and the Plaintiff's applications for leave to appeal and stay were dismissed as having no reasonable prospect of success.