Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Legal aid charge
  • 23 Jan 2026

    MOHAMMAD-RIASAT v. WANTON BUSINESS SERVICES LTD

    Citation
    [2026] HKCFI 567
    Court
    Court of First Instance
    Case number
    HCPI312/2021

    Plaintiff failed to obtain a result better than defendant's sanctioned payments and his repeated, informed rejections of settlement offers made the exercise of the court's powers under O.22 r.23 appropriate; accordingly the Nisi Costs Order was varied: enhanced interest awarded on defendant's costs at 3% per annum above judgment rate (traditional approach), the judgment sum (HK$952,477.44 plus HK$20,406.18 interest) to be set off against WBS costs incurred after discharge of legal aid on 6 July 2023, the balance after set-off to be paid to the Director of Legal Aid forthwith, and the remainin…

  • 22 Feb 2024

    CHN v. CCY

    Citation
    [2024] HKFC 33
    Court
    Family Court
    Case number
    FCMC1755/2020

    The respondent (H) was the successful party on ancillary relief but his failed allegations materially increased time and costs; mediation communications are confidential and inadmissible under the Mediation Ordinance while FDR communications admitted only by the parties' consent; Calderbank and post-FDR offers made by the wife were admissible and H unreasonably refused them; accordingly H must bear 75% of W's costs incurred after the FDR (28 September 2021), and H must pay W's costs of the variation application to be taxed with certificate of two counsel, the costs order to become absolute in…

  • 13 Mar 2020

    莫 對 麥

    Citation
    [2020] HKFC 58
    Court
    Family Court
    Case number
    FCMC9979/2017

    The only matrimonial asset was the former matrimonial home; unproven claimed debts of the husband were disregarded; applying the starting point of equal sharing and having regard to both parties' needs and contributions, the court ordered sale of the property and repayment to the wife of HK$192,000 from sale proceeds (to reimburse her advance), with remaining net proceeds to be divided 50/50; proceeds subject to a first charge in favour of the Director of Legal Aid; practical enforcement orders (vacant possession, timelines, auction fallback and authorization to sign for recalcitrant husband)…

  • 27 Jul 2016

    CCMJ v. SSM formerly known as SKL

    Citation
    CCMJ v. SSM formerly known as SKL
    Court
    Family Court
    Case number
    FCMP67/2010

    For claims for financial provision for a child the starting point is that costs prima facie follow the event; given the Applicant's unreasonable litigation conduct, repeated delays, withdrawal of proposals and disparity of means, the court refused to vary the costs order nisi and ordered the Applicant to pay the Respondent's costs to be taxed; Certificate for Counsel granted.

  • 30 Sept 2008

    L v. Y

    Citation
    L v. Y
    Court
    Family Court
    Case number
    FCMC12396/2006

    Applying s.11(7) MPPO the court considered all circumstances afresh, found the Wife had incurred genuine new liabilities but probably shared in or benefited from sale proceeds of the Ting Kok property yet those proceeds were not sufficient to meet the child’s ongoing needs alone; the Husband had the means to contribute more. Accordingly the court allowed a partial variation and increased child maintenance from HK$14,000 to HK$20,000 per month commencing 1 October 2008.

  • 10 Jan 2006

    S v. T

    Citation
    S v. T
    Court
    Family Court
    Case number
    FCMC1856/1998

    The Property is to be sold as soon as practicable after the tenant vacates; the net proceeds (gross sale price less then outstanding mortgage, costs of sale and the Director of Legal Aid charge) are to be divided equally between the parties. Pending sale rental income is to be shared equally after payment of the monthly mortgage instalment. No adjustment for conduct is made and the Wife's legal aid costs are to be deducted from sale proceeds rather than ordered against the Husband.

  • 23 Apr 2002

    CHAN YI HUNG v. YEUNG CHUN PONG ANDREW

    Citation
    CHAN YI HUNG v. YEUNG CHUN PONG ANDREW
    Court
    Court of First Instance
    Case number
    HCPI1496/2000

    The court accepted the plaintiff's unchallenged factual evidence, assessed parental dependency at $2,300 per month with a 12 years purchase multiplier, awarded specific sums for pre-trial and post-trial dependency, bereavement, loss of accumulation and funeral expenses, apportioned $5,000 to the brother, ordered the award subject to the Director of Legal Aid's first charge and directed costs to the plaintiff.

  • 22 Jan 1985

    LAM MAN YIN v. CHOY TAK FU

    Citation
    LAM MAN YIN v. CHOY TAK FU
    Court
    Court of First Instance
    Case number
    HCA4248/1982

    Defendant was negligent and plaintiff was not contributorily negligent; defendant failed to discharge the onus of proving lack of mitigation; on the evidence the plaintiff is entitled to special damages of HK$166,000 for loss of earnings plus agreed special items and general damages of HK$35,000 for pain, suffering and loss of amenities; interest and costs follow accordingly.