Hong Kong Case Law: Decisions & Judgments

Topic

Order nisi variation

Legal area

Court

18 Aug 2020

杨建梅 v. CHOW TAK WA

Citation

[2020] HKCFI 2020
Court

Court of First Instance
Case number

HCA2507/2016

The defendant's outright refusal to attempt mediation, without good reason and demonstrating misunderstanding of the mediation process, justified an adverse costs adjustment; however, because the defendant was the overall successful party and incurred substantial costs and prejudice, the appropriate variation was to order the plaintiff to pay 80% of the defendant's costs rather than make no order as to costs.
20 Jun 2019

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG, RICKY AND OTHERS

Citation

[2019] HKCFI 1563
Court

Court of First Instance
Case number

HCA3020/2015

The judgment concentrates on the court's exercise of its costs jurisdiction in relation to two interrelated summonses: the defendants' application to vary the order nisi and the plaintiff's strike-out application. The court framed the issues around the adequacy of pleading of a contractual indemnity and whether the order nisi required variation, and applied the ordinary principles that costs follow the event and that insufficiently particularised defences may be struck out; the specific operative orders are not contained in the excerpt provided.
18 Oct 2017

PAK SIU HIN SIMON v. J.V. FITNESS LTDt

Citation

PAK SIU HIN SIMON v. J.V. FITNESS LTDt
Court

Court of Appeal
Case number

CACV131/2017

Defendant demonstrated the plaintiff's impecuniosity by bank records, low monthly income and the fact that interim payment exceeded the judgment; the appeal did not disclose a strong chance of success and was simple so senior counsel was unnecessary; accordingly security for costs of HK$100,000 was ordered to be paid into court within 28 days, the appeal was stayed pending payment, failure to pay would result in dismissal with costs to the defendant, and the defendant was awarded the costs of the security application.
25 Jul 2017

CHU YIN FAN v. INTER RIVERS LTD

Citation

CHU YIN FAN v. INTER RIVERS LTD
Court

District Court
Case number

DCCJ4314/2012

The court ordered the defendant's and summons' costs to be paid forthwith because the plaintiff's application was severable and unmeritorious and summary assessment was appropriate, but stayed execution of those costs orders pending the resolution of the plaintiff's application for leave to appeal or, if granted, the appeal itself; directions were given for summary assessment under Order 62 r 9A(1)(a) RDC.
10 Dec 2004

AU SIU FOO v. THE SECRETARY FOR TRANSPORT

Citation

AU SIU FOO v. THE SECRETARY FOR TRANSPORT
Court

Lands Tribunal
Case number

LDRW49/2003

Under its s12 discretion and applying the statutory reasonableness requirement of s6(2A) of the Lands Resumption Ordinance, the Tribunal found the Applicant had grossly inflated his claim, necessitating detailed scrutiny and justifying refusal to vary the prior costs order; consequently the order nisi was made absolute and costs remain in the cause.
8 Oct 2002

CHAN CHING KIT KATHERINE v. LAM SIK SHI AND ANOTHER

Citation

CHAN CHING KIT KATHERINE v. LAM SIK SHI AND ANOTHER
Court

Court of First Instance
Case number

HCMP2239/2000

Because the 2nd defendant raised and fully argued the distinct issue of the exercise of the court's discretion and lost on every ground advanced, the court properly exercised its discretion to deprive him of part of his costs attributable to that issue (25%). The order nisi as to costs against both defendants is affirmed. Costs relating to the drafting and negotiation of the receiver's terms are part of the proceedings and the 2nd defendant is entitled to 75% of those costs to be taxed party and party. The 2nd defendant must pay the plaintiff's costs of the present applications.

Hong Kong Case Law

杨建梅 v. CHOW TAK WA

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG, RICKY AND OTHERS

PAK SIU HIN SIMON v. J.V. FITNESS LTDt

CHU YIN FAN v. INTER RIVERS LTD

AU SIU FOO v. THE SECRETARY FOR TRANSPORT

CHAN CHING KIT KATHERINE v. LAM SIK SHI AND ANOTHER