Hong Kong Case Law: Decisions & Judgments

Topic

Order 22 rule 24 rhc

Legal area

Court

30 Aug 2024

NG KIN YUEN, the administrator of NG OI HA, deceased v. LAI CHUN HO AND ANOTHER

Citation

[2024] HKCFI 2274
Court

Court of First Instance
Case number

HCPI390/2018

O 22 r 24 applies because the Judgment exceeded the sanctioned offer of HK$700,000; accordingly the court ordered enhanced interest and indemnity costs as sought by the Plaintiff, and ordered the 1st and 2nd Defendants to pay the costs of and occasioned by the Variation Summons on an indemnity basis with enhanced interest to run until full payment.
11 Dec 2023

GHAZI FAIDI v. QANTEX CAPITAL MARKETS LTD AND OTHERS

Citation

[2023] HKCFI 3196
Court

Court of First Instance
Case number

HCA272/2018

The court found the plaintiff had done better than his sanctioned offer because the judgment plus pre-judgment interest exceeded the offer and the defendants failed to produce evidence of value of the Shares; accordingly, under Order 22 r.24 RHC the court must impose enhanced interest and indemnity costs unless unjust, and no circumstances warranted treating the case as unjust; the court varied the prior orders to award enhanced interest at 5% above judgment rate from 19 December 2020 to judgment, interest on costs at half that rate for the same period, party-to-party costs to 18 December 202…
11 Dec 2023

GHAZI FAIDI v. QANTEX CAPITAL MARKETS LTD

Citation

[2023] HKCFI 3196
Court

Court of First Instance
Case number

HCA486/2018

The plaintiff had done better than his sanctioned offer as the judgment yielded the offered principal sum plus pre-judgment interest; no evidence was adduced by defendants to show contrary (notably no evidence of share value); accordingly the court exercised its mandatory power under Order 22 r.24 to grant enhanced interest and indemnity costs subject to proportionality and fairness and ordered enhanced interest at 5% above judgment rate from 19 December 2020 to judgment, interest on costs at half that rate (2.5%) from 19 December 2020, judgment rate post-judgment, and indemnity taxation for…
24 Aug 2020

OR BIK YUK v. MAXWAY CORPORATION LIMITED t/a CHEUNG HING FOODS MART

Citation

[2020] HKCFI 2147
Court

Court of First Instance
Case number

HCPI621/2017

Defendant failed to beat the Sanctioned Offer and the court found no injustice in applying the prescribed consequences under Order 22 r 24 RHC; accordingly the Plaintiff's costs order was varied to High Court scale up to 2 December 2018 and District Court scale thereafter, costs after 11 October 2019 to be taxed on an indemnity basis, and interest on costs awarded but limited to 5% per annum from 11 October 2019; the Defendant's summons seeking no order as to costs was dismissed.

Hong Kong Case Law

NG KIN YUEN, the administrator of NG OI HA, deceased v. LAI CHUN HO AND ANOTHER

GHAZI FAIDI v. QANTEX CAPITAL MARKETS LTD AND OTHERS

GHAZI FAIDI v. QANTEX CAPITAL MARKETS LTD

OR BIK YUK v. MAXWAY CORPORATION LIMITED t/a CHEUNG HING FOODS MART