Hong Kong Case Law: Decisions & Judgments

Topic

Nisi order

Legal area

Court

5 Aug 2024

HOSSAIN MD FARUK v. KHAN, FAQERGUL formerly known as KHAN, WAJID t/a PESHAWAR AUTO DISMENTLING & GENERAL TRADING CO

Citation

[2024] HKCA 745
Court

Court of Appeal
Case number

CACV156/2022

The court rejected the respondent's application to vary the Nisi Costs Assessment and made the Nisi Costs Assessment of HK$210,000 absolute because the Director of Legal Aid's assignment of senior counsel was not shown to be unreasonable, the assessing court had already reduced solicitors' costs to reflect trial involvement, and the procedural defect in using letters rather than summons was waived as it caused no prejudice.
28 May 2024

HOSSAIN MD FARUK v. KHAN, FAQERGUL formerly known as KHAN, WAJID trading as PESHAWAR AUTO DISMENTLING & GENERAL TRADING CO

Citation

[2024] HKCA 494
Court

Court of Appeal
Case number

CACV156/2022

The court corrected its factual premise that counsel in the appeal differed from trial counsel and, accepting that additional solicitor time to brief newly assigned counsel was justified, varied the nisi summary assessment of the applicant's costs to HK$210,000 (including counsel's fee of HK$150,000), while maintaining reductions for other excessive time entries and excluding costs for preparing the Statement of Costs.
12 May 2023

THE PUI YING MIDDLE SCHOOL OF HONG KONG v. THE HONG KONG COUNCIL OF THE CHURCH OF CHRIST IN CHINA

Citation

[2023] HKCFI 1288
Court

Court of First Instance
Case number

HCA3314/2016

The court exercised its discretion and found the second action (HCA 3314/2016) was the central focus of the trial so that defendants' costs should be apportioned 1/6 to HCA 1991/2016 and 5/6 to HCA 3314/2016; apportionment should not rely on arithmetic or Listing Questionnaire estimates, and the defendants must pay the costs of the apportionment application to the plaintiff on a nisi basis.
12 May 2023

THE PUI YING MIDDLE SCHOOL OF HONG KONG AND OTHERS v. SO SHING YIT ERIC AND OTHERS

Citation

[2023] HKCFI 1288
Court

Court of First Instance
Case number

HCA1991/2016

The court exercised its discretion and concluded that the 2nd Action was the central matter at trial and that apportionment should not be determined arithmetically by listing estimates; accordingly the defendants' costs in the two actions were apportioned 1/6 to HCA 1991/2016 and 5/6 to HCA 3314/2016, and the costs of the apportionment application were ordered to be paid by the defendants to the plaintiff on a nisi basis.
24 May 2000

LORD ENERGY LTD. v. PAUL CHEN AND ANOTHER

Citation

LORD ENERGY LTD. v. PAUL CHEN AND ANOTHER
Court

Court of First Instance
Case number

HCA7124/1991

The Master held that an inquiry ordered by the Court of Final Appeal is, in principle, equivalent to an assessment of damages; because the Plaintiff failed to prove loss, costs follow the event and the nisi costs order is made absolute, with the Plaintiff liable for costs of the application to be taxed if not agreed with a certificate for counsel.

Hong Kong Case Law

HOSSAIN MD FARUK v. KHAN, FAQERGUL formerly known as KHAN, WAJID t/a PESHAWAR AUTO DISMENTLING & GENERAL TRADING CO

HOSSAIN MD FARUK v. KHAN, FAQERGUL formerly known as KHAN, WAJID trading as PESHAWAR AUTO DISMENTLING & GENERAL TRADING CO

THE PUI YING MIDDLE SCHOOL OF HONG KONG v. THE HONG KONG COUNCIL OF THE CHURCH OF CHRIST IN CHINA

THE PUI YING MIDDLE SCHOOL OF HONG KONG AND OTHERS v. SO SHING YIT ERIC AND OTHERS

LORD ENERGY LTD. v. PAUL CHEN AND ANOTHER