Hong Kong Case Law: Decisions & Judgments

Topic

Legal costs

Legal area

Court

30 Apr 2025

WONG CHI HO JIMMY (suing as the sole executor of the estate of Wong Chung Ming and personally) v. WONG TAI WAI DAVID JASPER

Citation

[2025] HKCFI 1483
Court

Court of First Instance
Case number

HCMP370/2022

Read fairly and in context and in a manner favourable to the defendant where ambiguity exists, the challenged statements were not proven to be false beyond reasonable doubt and the plaintiff therefore failed to establish the elements of contempt; the alleged inconsistencies did not amount to proven falsity.
30 Aug 2024

香港特別行政區訴何玉清

Citation

[2024] HKCFI 2183
Court

Court of First Instance
Case number

HCMA335/2023

Although the appeal succeeded in reducing the monetary penalty, the court exercised its discretion under Cap 492 s.8(b) and refused to award costs because the appellant (through his counsel at the review) failed to place his financial circumstances before the magistrate, making the appeal avoidable and disentitling him to costs in the circumstances.
25 Nov 2021

陳元蘭對法律援助署署長

Citation

[2021] HKCA 1746
Court

Court of Appeal
Case number

CACV129/2020

Having dismissed the appeal, the court ordered the applicant to pay the respondent's costs; after noting overlapping items in the respondent's schedule and no response from the applicant, the court fixed reasonable costs at HK$25,000 on summary assessment.
19 Jan 2021

FKYP v. KHYF

Citation

[2021] HKFC 10
Court

Family Court
Case number

FCMC17515/2013

Sale of the former matrimonial home ordered and net proceeds divided 40% to Husband and 60% to Wife after payment of outstanding mortgage, sale expenses and subject to Legal Aid first charge; no periodical spousal maintenance ordered (clean break); Husband ordered to pay child maintenance HK$12,000 per month in aggregate until each child is 18 or completes full-time education; specified time limits and procedures for sale and auction set out.
20 Jul 2020

LKCS v. WYSA

Citation

[2020] HKFC 142
Court

Family Court
Case number

FCMC3409/2019

The application for maintenance pending suit was dismissed because the court found the wife's immediate reasonable needs did not exceed about HKD 32,640 per month and her available monthly income (HKD c.33,000) met those needs; the litigation funding claim failed because it was not properly pleaded and the wife failed the Currey requirements as the court found there were identifiable realisable assets (eg Kenbo, Wellington, Middlesex properties) that she had unreasonably refused to deploy; costs ordered against the wife.
8 Apr 2020

LAM KWOK KAI v. ORIENT VENTURE INVESTMENT LTD AND ANOTHER

Citation

[2020] HKCFI 576
Court

Court of First Instance
Case number

HCCW419/2019

Given the company is solvent and the directors have provided reasons which an intelligent honest person could hold, the court will grant a validation order for ordinary course payments with safeguards (monthly schedules and inspection) because the petitioner failed to adducing compelling evidence of likely injury or bad faith; the court will not order the proposed automatic set-off against JHK nor impose a fixed cap on legal costs but will validate reasonable legal expenses and set practicable procedural safeguards (timing of schedules and inspection rights).
24 Sept 2019

楊對葉

Citation

[2019] HKFC 251
Court

Family Court
Case number

FCMC6730/2014

Applicant failed to prove a material and unforeseeable deterioration in his financial position; the court accepted that applicant could access rental proceeds and had a monthly income of at least HK$46,000; therefore it would be unjust to discharge undertakings or vary the consent order; the application to change the consent order is dismissed and costs awarded to respondent.
9 Aug 2018

T 對司法機構

Citation

[2018] HKDC 936
Court

District Court
Case number

DCEO14/2017

The application for leave to appeal is dismissed because the proposed appeal has no reasonable prospect of success: the challenged claims against the five judges (and thus the Judiciary in that capacity) are barred by judicial immunity derived from Basic Law Article 85; the applicant pursued the proceedings despite receiving the respondent's written submissions and legal basis for striking out, and his repeated, irrelevant and unmeritorious arguments justified an award of costs against him.
10 Jul 2018

KONEW CAPITAL INTERNATIONAL LTD 對 WONG MEI LING及另一人

Citation

[2018] HKDC 801
Court

District Court
Case number

DCMP816/2017

The plaintiff proved the loan, mortgage and guarantee; the defendants raised no reasonable defence; accordingly the court entered judgment for the plaintiff for the outstanding debt with contractual interest (39.6% p.a.) recoverable post‑judgment and ordered the defendants to pay the plaintiff's costs on an indemnity basis, with the plaintiff to submit a draft order.
30 Apr 2018

香港特別行政區訴譚振興

Citation

[2018] HKCFI 915
Court

Court of First Instance
Case number

HCMA474/2017

The appeal is dismissed. The magistrate reasonably refused the costs application because the appellant admitted in recorded interview and by documentary conduct to using old prescriptions and obtaining backdated prescriptions and receipts such that some submitted claims were not factually correct; that conduct amounted to self‑incriminatory admissions and had misled the prosecution and justified denying costs; the magistrate did not err in procedure or in concluding there were sufficient reasons to refuse costs.