Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Joinder for costs only

Legal area

Court

25 Nov 2024

TOP INTEGRATED GROUP LTD v. MID-LEVELS NO. 1 HOLDINGS LTD

Citation

[2024] HKCFI 3392
Court

Court of First Instance
Case number

HCCW108/2024

Joinder of Mr Wong and KBCC for costs only was appropriate and, on the facts, justice required that Mr Wong pay the Petitioners' costs of the Companies' opposition to the Continuation Summonses from 27 February 2024 and the Discharge Summonses and that KBCC pay the costs occasioned by the Discharge Summonses from 27 February 2024; both liabilities are ordered on an indemnity basis with assessment by gross sum. KBCC's conduct of acting without satisfactory proof of authority justified a wasted costs order.
2 May 2019

NG YUK PUI KELLY v. DUNG WAI MAN AND OTHERS

Citation

[2019] HKCFI 1157
Court

Court of First Instance
Case number

HCA1826/2011

Although the children actively participated, provided some funding and their evidence was material and in parts false, the judge found Mrs Ng was the real party who controlled the defence; the children were motivated by filial duty and were prejudiced by lack of an early costs warning. Balancing the factors and exercising discretion under s52A(2), it was not in the interests of justice to order the children to pay Kelly's costs; consequently no costs order was made against the 4th‑6th defendants, but joinder and the enquiry were justified and the children were not awarded costs of the enquiry.