Hong Kong Case Law: Decisions & Judgments

Topic

Follow the event principle

Legal area

Court

1 Aug 2025

VASILY TRUBNIKOV v. EVGENY VOLOSOV AND OTHERS

Citation

[2025] HKCFI 3051
Court

Court of First Instance
Case number

HCA139/2024

The court refused to vary the Costs Order Nisi. Taking an overall view, defendants were the overall winners and Plaintiff did not establish circumstances justifying departure from the general rule that costs follow the event; the defendants' evidence and submissions were not improper or unnecessarily excessive, discrete failed issues could not be isolated as to warrant depriving defendants of costs, and the costs of the Summons are to be paid by the Plaintiff to the defendants on a party-to-party basis with certificate for two counsel, to be taxed if not agreed; costs of the Variation Summons…
5 Dec 2019

WONG WAI WING v. MANG FAN LIN

Citation

[2019] HKCFI 2939
Court

Court of First Instance
Case number

HCMP1498/2016

Leave to appeal refused because the intended appeal had no reasonable prospect of success; the judge lawfully exercised discretion under Order 62 by taking into account the parties' conduct before and during the proceedings (including collusion in a feigned divorce and false assertions leading to a Consent Order) which were connected to the subject matter of the main action; therefore costs order nisi was correctly made that Mr Wong pay Ms Mang's costs of the Summons to be summarily assessed.
29 Oct 2014

PFEIFFER GmbH v. CHEUNG HAY KIT t/a SUN WAI CONSTRUCTION

Citation

PFEIFFER GmbH v. CHEUNG HAY KIT t/a SUN WAI CONSTRUCTION
Court

Court of Appeal
Case number

CACV245/2013

The Court of Appeal upheld the judge's exercise of discretion: the judge lawfully departed from the follow‑the‑event rule because the plaintiff pursued a substantial part of its claim (nearly half) that was doomed to fail for lack of evidence and there was an inordinate delay in bringing the claim; those factors, considered under Order 62 and the objectives of Order 1A, justified depriving the plaintiff of half its costs and the appeal was dismissed.
23 Apr 2013

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER

Citation

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER
Court

Court of First Instance
Case number

HCA1739/2010

The Costs Order Nisi was varied to allocate costs by reference to the distinct applications: costs of the California Action Application awarded to Angela and costs of the Intended Contempt Proceedings awarded to Vivien, with a certificate for two counsel, because the California application was the main focus and the contempt limb was brief, unsuccessful and should not attract Angela's full costs.
21 Dec 2011

WONG KAM TONG v. THE INCORPORATED OWNERS OF YUEN LONG TIN SHING COURT

Citation

WONG KAM TONG v. THE INCORPORATED OWNERS OF YUEN LONG TIN SHING COURT
Court

Court of First Instance
Case number

HCMP1454/2011

The Tribunal Judge was entitled to depart from the default 'costs follow the event' rule by making no order as to costs because the applicant succeeded on the central disqualification issue while failing on the owners' decision issue; the Court of Appeal will not disturb a discretionary costs decision absent error of principle and therefore dismissed the 1st respondent's application and awarded costs of the application to the applicant.
14 May 2004

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD

Citation

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD
Court

Court of Appeal
Case number

CACV253/2002

Where multiple discrete claims are litigated and the time attributable to successful and unsuccessful claims can be differentiated, the court will exercise its discretion to depart from a single follow-the-event costs order and apportion costs to reflect the time spent; given the novelty of Part VIA claims the court declined to make the Plaintiff bear the Defendant's costs relating to those failed claims and varied the order nisi to apportion costs for appeal and for the action accordingly.

Hong Kong Case Law

VASILY TRUBNIKOV v. EVGENY VOLOSOV AND OTHERS

WONG WAI WING v. MANG FAN LIN

PFEIFFER GmbH v. CHEUNG HAY KIT t/a SUN WAI CONSTRUCTION

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER

WONG KAM TONG v. THE INCORPORATED OWNERS OF YUEN LONG TIN SHING COURT

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD