Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 22 rules

  • 13 Sept 2018

    WONG YAT PING v. CARITAS – HONG KONG

    Citation
    [2018] HKDC 1090
    Court
    District Court
    Case number
    DCEC2123/2015

    Order 22 r26(1) requires treating the sanctioned payment as inclusive of interest to 2 December 2015; applying the judgment interest rate to that date produced a total (HK$88,619.76) below the sanctioned payment (HK$96,225.90), so the applicant did not obtain a better judgment; accordingly costs from 3 December 2015 are awarded against the applicant on an indemnity basis with certificate for counsel, interest on disbursements awarded at 4.5% per annum from 3 December 2015, the DLA is not liable for costs after 20 April 2018, interest on the award stops at 2 December 2015, and the sanctioned p…

  • 13 Oct 2015

    CAI GUOPING v. YIM HOK WING AND OTHERS

    Citation
    CAI GUOPING v. YIM HOK WING AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV96/2015

    The court held that the plaintiff failed by a wide margin to beat the sanctioned payment made in the proceedings below, so it was not unjust to apply the mandatory costs consequences in Order 22; indemnity costs from 17 December 2014 and indemnity costs for the variation application were upheld, enhanced interest on mediation fees incurred before 16 December 2014 but paid later was disallowed, and because the sanctioned offer in the appeal did not comply with Order 22 formalities the defendants could only rely on the Calderbank offer leading to a split costs order on appeal (plaintiff pays ha…

  • 19 Dec 2013

    LINKS INTERNATIOINAL RELOCATIONS LTD t/a LINKS RELOCATIONS v. SWIFT CHRISTOPHER LEE

    Citation
    LINKS INTERNATIOINAL RELOCATIONS LTD t/a LINKS RELOCATIONS v. SWIFT CHRISTOPHER LEE
    Court
    District Court
    Case number
    DCCJ817/2012

    The defendant's application to vary the costs order nisi was refused because it was procedurally defective and vague, the defendant had not availed himself of the Order 22 regime or made a valid written offer, the court will not embark on a forensic re-trial of alleged conduct, and the plaintiff's sanctioned offer (although informally favourable to plaintiff) did not comply with formalities; accordingly the order nisi was made absolute in favour of the plaintiff and costs awarded to the plaintiff, with the costs of the defendant's variation application ordered to be paid to the plaintiff on a…