Hong Kong Case Law: Decisions & Judgments

Topic

Full indemnity costs

Legal area

Court

3 Mar 2010

UNITED ASIA FINANCE LTD v. The Personal Representatives of LEUNG WING TAK, deceased

Citation

UNITED ASIA FINANCE LTD v. The Personal Representatives of LEUNG WING TAK, deceased
Court

District Court
Case number

DCCJ1611/2009

The Master’s award was set aside because, given the order for costs on a full indemnity basis, the court was required to assess and award costs that reflect full indemnity; after examining the detailed items the judge found the total of $52,001.83 reasonable and awarded that sum to the plaintiff, and also awarded costs of the hearing of the appeal in the sum of $14,123.30.
17 Feb 2003

KAN WYMAN v. NG CHAN CHUEN

Citation

KAN WYMAN v. NG CHAN CHUEN
Court

Court of First Instance
Case number

HCA92/1999

The court exercised its discretion to allow the late filing of two factual witness statements and a supplemental expert report and to adjourn the trial because the evidence was important to the merits and fairness of the trial; however, because of the Plaintiff's prior non-compliance and resulting prejudice to the Defendant, the court made the grant conditional on the Plaintiff paying the costs of and those thrown away by the adjournment on a full indemnity basis.
5 Feb 1996

PIONEER TIME INVESTMENT LIMITED v. UNION FORCE INVESTMENT LIMITED

Citation

PIONEER TIME INVESTMENT LIMITED v. UNION FORCE INVESTMENT LIMITED
Court

Court of First Instance
Case number

HCA9165/1995

The defendant failed to demonstrate a real prospect of success because the signed offer letter, payment actions and subsequent correspondence objectively demonstrated a binding tenancy at the new rent; therefore the Master's dismissal of the summons was upheld and costs awarded on a full indemnity basis.
19 Sept 1994

GOH KIM LAY v. VERSATILE ADVERTISING CO. LTD. and MESSRS. T.L. IP and CO.

Citation

GOH KIM LAY v. VERSATILE ADVERTISING CO. LTD. and MESSRS. T.L. IP and CO.
Court

Court of First Instance
Case number

HCA8090/1994

The High Court in chambers has no jurisdiction to set aside the District Court judge's order of costs for alleged irregularity; such an error of law can only be corrected on appeal to the Court of Appeal; accordingly the application was misconceived and dismissed, with costs to the Plaintiff on a full indemnity basis.
5 Jun 1987

COLLIER PETTY LTD v. WONG CHING

Citation

COLLIER PETTY LTD v. WONG CHING
Court

District Court
Case number

DCCJ7936/1986

The appeal is dismissed because the Master's refusal to adjourn was a past event not subject to appellate interference and the appellate court lacked power to grant a stay of execution; the defendant's contention about the plaintiff's small capital did not justify a stay.

Hong Kong Case Law

UNITED ASIA FINANCE LTD v. The Personal Representatives of LEUNG WING TAK, deceased

KAN WYMAN v. NG CHAN CHUEN

PIONEER TIME INVESTMENT LIMITED v. UNION FORCE INVESTMENT LIMITED

GOH KIM LAY v. VERSATILE ADVERTISING CO. LTD. and MESSRS. T.L. IP and CO.

COLLIER PETTY LTD v. WONG CHING