Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 22 rule 18

  • 6 Jan 2012

    YIP CHI HO v. 黃啓德 AND OTHERS

    Citation
    YIP CHI HO v. 黃啓德 AND OTHERS
    Court
    District Court
    Case number
    DCEC738/2010

    The court applied Order 22 rule 18(4) and the binding precedent Li Kai Yin v Atla Trans Ltd to hold that the sanctioned payment by Kerry could be accepted with leave; it was reasonable to have sued R1, R3 and R4 on the evidence but not R5; accordingly Kerry must bear specified costs and the applicant must bear costs to R4 and R5 for the earlier summons, with proportions and taxation as ordered.

  • 18 Jul 2011

    LI KAI YIN v. ATTA-TRANS LTD AND ANOTHER

    Citation
    LI KAI YIN v. ATTA-TRANS LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI196/2009

    Order 22 rule 18 does not empower the court, as a matter of course, to order costs against a defendant who has not been adjudged liable and against whom the plaintiff discontinues proceedings; absent compelling reasons the normal rule that costs follow the event applies. The Master did not err in ordering that the plaintiff bear the 2nd defendant's costs on discontinuance, but erred in ordering that the plaintiff share the 1st defendant's later costs; that order was set aside and the 2nd defendant ordered to bear the 1st defendant's relevant costs.