Hong Kong Case Law: Decisions & Judgments

Topic

Equality of arms

Legal area

Court

9 Feb 2024

WW v. LPQ formerly known as LLN and LSM AND OTHERS

Citation

[2024] HKFC 29
Court

Family Court
Case number

FCMC8485/2019

On the evidence and broad‑brush analysis the Court was satisfied the 1st Respondent's financial position had not improved and she could not reasonably re-engage solicitors from her own resources or obtain public funding in time; the Petitioner has capacity to meet a reasonable award given available surrender value of insurance policies exceeding HK$5,000,000, and therefore the summons for litigation funding was allowed in the sum of HK$500,000 with specified payment schedule and strict conditions to protect the funds and final accounting.
29 Dec 2022

WCC also known as CCW v. MD also known as MDD

Citation

[2022] HKFC 287
Court

Family Court
Case number

FCMC7738/2020

The application for litigation funding was dismissed because the respondent failed the first limb of the Currey test — he has sufficient net income (HK$59,388) and declared assets (including a pension) to fund representation and did not demonstrate inability to pay; therefore no interim costs order was made and costs were awarded to the petitioner.
21 Jul 2022

NATURAL DAIRY (NZ) HOLDINGS LTD (In Provisional Liquidation) v. CHEN KEEN (alias JACK CHEN) AND OTHERS

Citation

[2022] HKCFI 2185
Court

Court of First Instance
Case number

HCA2218/2017

The court found the summons was not an abuse of process given material changes and additional evidence, accepted that the 2nd defendant had demonstrated by sufficient evidence she had no other source of funds and that the purpose was not to dissipate assets, and thus varied the Mareva injunction to except HK$26,835,450 to pay part of future legal costs for the 2nd retrial to protect her right to a fair trial.
11 Jul 2019

LAW FEI SHING v. THE DISCIPLINARY COMMITTEE OF THE HONG KONG INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS AND ANOTHER

Citation

[2019] HKCA 770
Court

Court of Appeal
Case number

CACV573/2018

The appeal fails because the decisions refusing the requested information were intermediate or procedural (not reviewable at leave stage absent exceptional circumstances), the requested information was irrelevant to the substantive issue of whether the applicant should have qualified his audit opinion in 2010–2011, and there was no proper basis to find the Disciplinary Committee had access to undisclosed material; consequently leave was not reasonably arguable and the appeal is dismissed.
12 Dec 2018

R, ER v. H, IF

Citation

[2018] HKFC 229
Court

Family Court
Case number

FCMP96/2018

Applying Currey and Hong Kong authorities, the court found the mother unable reasonably to fund necessary litigation by other means, the father has the means to contribute, the mother provided a sufficient breakdown of anticipated costs, and equality of arms required assistance; accordingly the court ordered litigation funding of HK$50,000 per month from 1 January 2019 until the proposed relocation trial and directed costs orders as set out.
26 Nov 2018

LAW FEI SHING v. THE DISCIPLINARY COMMITTEE OF THE HONG KONG INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS AND ANOTHER

Citation

[2018] HKCFI 2592
Court

Court of First Instance
Case number

HCAL750/2018

Application dismissed because the challenged decisions were intermediate/procedural and not reasonably arguable for judicial review at this stage; information about action (if any) against the former auditor was irrelevant to the Third Complaint, and the Disciplinary Committee did not possess undisclosed material making equality of arms applicable; the applicant had no realistic prospect of success.
27 Aug 2013

AV also known as BGA v. CRG

Citation

AV also known as BGA v. CRG
Court

Family Court
Case number

FCMC18276/2012

Applying a broad‑brush assessment of needs and means, the court rejected the husband's unproven assertion that loss of employment absolved him of interim support, found his disclosure deficient and capable of yielding robust assumptions about his ability to pay, and ordered interim maintenance of HKD55,000 per month (inclusive of costs) as reasonable to meet the immediate needs of the wife and children while preserving school and housing undertakings by the husband.
28 Mar 2013

RE MR JOHN BERESFORD WILLIAM MCDONNELL QC

Citation

RE MR JOHN BERESFORD WILLIAM MCDONNELL QC
Court

Court of First Instance
Case number

HCMP503/2013

Application refused because the applicant failed to demonstrate recent and relevant criminal jury-trial expertise necessary to lead the defence in a complex 60-day forgery trial; equality of arms did not outweigh the absence of required experience and the existence or approachability of local senior counsel, and the applicant failed to discharge the burden of proof for admission.
23 Nov 2012

RE CLARE MONTGOMERY QC

Citation

RE CLARE MONTGOMERY QC
Court

Court of First Instance
Case number

HCMP2383/2012

The court allowed the three applications because the public interest — including maintaining public and international business confidence, ensuring impeccably competent and impartial conduct of a highly sensitive prosecution involving a former Chief Secretary and major property interests — justified admission of eminent overseas counsel on the unusual difficulty and complexity ground; having admitted the prosecution's overseas silk, fairness required admission for the defence; local counsel will remain involved.
5 Jul 2007

K v. C

Citation

K v. C
Court

Family Court
Case number

FCMC5508/2005

Applicant failed to show she could not reasonably procure legal representation by other means because her sizeable, liquid share portfolio could reasonably be deployed and the husband offered an increased maintenance payment to cover living expenses; accordingly the court exercised its discretion to refuse a substantial costs component and instead varied maintenance to HK$35,000 per month starting 1 July 2007, with costs reserved and interlocutory matters adjourned as appropriate.