Hong Kong Case Law: Decisions & Judgments

Topic

Failure to appeal

Legal area

Court

27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV325/1998

The Court exercised its discretion to depart from the general rule that costs follow the event because the respondent had acquiesced in the course taken below and had not appealed the original judgment, and the respondent's success on appeal was attributable to this Court's view rather than to the respondent's arguments; accordingly the Court made no order as to costs.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV330/1998

The court exercised its discretion to make no order as to costs because the Housing Authority's acquiescence and failure to appeal had encouraged the appeals and the Authority's success was due to the court's view of the judge's original judgment rather than the Authority's arguments, constituting exceptional circumstances justifying no order for costs.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV27/1999

Where the respondent's prior acquiescence and failure to appeal encouraged the appellants to appeal and the respondent's success on appeal is due to the appellate court's own view rather than the respondent's arguments, the court will exercise its discretion to make no order as to the respondent's costs of the appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV323/1998

The Court exercised its discretion to depart from the general rule that costs follow the event because the Hong Kong Housing Authority had acquiesced in the course taken below and failed to appeal the original judgment; the respondent's success resulted from the appellate court's view of the judge's original judgment rather than from the respondent's own arguments, and therefore the court made no order as to the respondent's costs of these appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV322/1998

Though the respondent succeeded, the Court refused to follow the general rule because the respondent had acquiesced in the judge's conduct at various stages and failed to appeal the original judgment; the respondent's success resulted from this Court's view of the judge's judgment rather than from the respondent's arguments, and those exceptional circumstances justified making no order as to costs.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV289/1998

Although costs normally follow the event, the Court exercised its discretion and held that the respondent's acquiescence in the judge's course below and failure to appeal had encouraged the present appeals and the respondent's success derived from this Court's view of the judge's original judgment rather than from the respondent's own arguments; consequently, in these exceptional circumstances the proper order was to make no order as to the respondent's costs of these appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV331/1998

Because the Hong Kong Housing Authority had acquiesced in the judge's conduct and failed to appeal the original judgment, thereby encouraging the appeals, and because its success was due to this Court's view rather than its own arguments, the Court exercised its discretion to make no order as to costs.
12 Oct 1984

LIU CHONG HING BANK LTD v. HOMEX RATTAN HONG KONG LTD AND OTHERS

Citation

LIU CHONG HING BANK LTD v. HOMEX RATTAN HONG KONG LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP1043/1984

The Court allowed the appellant's appeal and refused leave to join the applicants because the applicants had no defence on the merits, their interests post-dated the mortgage, and notices of possession had been posted, and therefore the exercise of discretion required refusal of joinder under Order 15 Rule 10.