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Hong Kong decisions
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Decision on costs after a 6-day trial in a mortgage enforcement and counterclaim case. The court ordered indemnity costs for BFL, but refused the Official Solicitor’s costs claim.
The court held the plaintiff was entitled to costs on a Small Claims scale and awarded the defendant 40% of the costs of its summons after settlement.
The court found the proposed appeal (CACV 334/2026) had no arguable points; the applicant's purported new evidence did not support the claim and no basis was shown that the appellate court would permit it. Consequently the stay application was refused and the applicant was ordered to pay the respondent's costs of the stay application on an indemnity (recompense) basis because the underlying claims had been found frivolous, abusive and an abuse of process.
Source excerpt
The District Court upheld an indemnity costs order against the plaintiff in a tenancy dispute, finding her pre-action conduct unreasonable, while adjourn[ed] the non-party joinder issue.
Costs decision on related Hong Kong proceedings: the court ordered taxation, refused indemnity costs, upheld a two-counsel certificate, and made costs orders against the Receivers/Applicants.
The court vacated a registered lis pendens over the Properties, finding it had expired, the underlying action had not been bona fide prosecuted, and the writ was not registrable as a proprietary claim.
The court held the plaintiff was the successful party in a settled probate costs dispute, ordered the defendant to pay costs personally on an indemnity basis, and made summary assessments.
法院裁定原告作為前客户，有權要求被告律師行交付與 806 Action 有關、屬於原告的文件副本；並就被告反對申請判原告得按彙算方式的從屬彌償訟費。
The court refused to vary costs to indemnity costs after a Calderbank offer, holding there were no special or unusual features justifying that order.
The court varied a costs order nisi, awarding indemnity costs after 26 June 2025, refusing a certificate for two counsel, and declining to decide enhanced interest.
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