Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Exaggerated claim

  • 22 Oct 2021

    KHAN MURAD v. CHAN YUK MING

    Citation
    [2021] HKDC 1310
    Court
    District Court
    Case number
    DCPI4215/2019

    Because the defendant paid a sanctioned sum into court before trial, the shortfall was insignificant (less than 4%), and the plaintiff's claim was grossly exaggerated and his conduct increased costs and delayed disclosure, the court exercised its discretion under RDC O 62 r 5 to vary the costs order nisi and disallow recovery of plaintiff's costs from 7 December 2020 onwards; additionally the plaintiff must pay the defendant's costs of the variation application.

  • 22 Mar 2013

    LIU KEITH CHE MING AND ANOTHER v. POON CHI SING t/a GOOD VIEW ORNAMENT

    Citation
    LIU KEITH CHE MING AND ANOTHER v. POON CHI SING t/a GOOD VIEW ORNAMENT
    Court
    District Court
    Case number
    DCCJ2421/2010

    The judge found the plaintiffs had exaggerated their claim and pursued unnecessary issues that materially prolonged the trial despite settlement overtures and the defendant's efforts to resolve matters; applying Order 62 rule 5 and the principles in Re Elgindata (No 2), the costs nisi was varied to reflect the plaintiffs' conduct: defendant to bear half of the plaintiffs' costs in the claim, plaintiffs to pay 100% of defendant's costs in the counterclaim, and defendant to pay the costs of the costs hearing, all taxed if not agreed with certificate for counsel.

  • 22 Jul 2011

    WONG KA MING v. NG YIN KING AND ANOTHER

    Citation
    WONG KA MING v. NG YIN KING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI760/2009

    The plaintiff obtained a judgment more favourable than the 2nd Defendant's last sanctioned payment; there were no special circumstances (such as proven dishonesty, significant additional costs caused by discrete failed issues, or unfair negotiation conduct) to justify departing from the usual rule that costs follow the event; accordingly the summons to vary the costs order nisi was dismissed and the costs order nisi made absolute.