Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Prior warning

Legal area

Court

6 May 2022

MYERS MANAGEMENT CONSULTING LTD v. TOPMIX (INTERNATIONAL) CO LTD

Citation

[2022] HKDC 410
Court

District Court
Case number

DCCJ3053/2014

Appeals dismissed. Joinder refused at stage one because of unexplained delay and failure to give prior warning causing real prejudice to the non-party. Even on the merits, a non-party costs order was unjustified: the litigation was properly brought for the company and its creditors, there was no allegation of impropriety or bad faith and mere funding/control did not establish that Mr Ng was the real party to the litigation; thus the Master’s decision was affirmed.
24 Jun 2011

CHEUNG MEI PO v. CHAN YU CHING, ALEXS

Citation

CHEUNG MEI PO v. CHAN YU CHING, ALEXS
Court

Court of First Instance
Case number

HCPI71/2010

The court held that although a plaintiff is ordinarily entitled to costs upon acceptance of a sanctioned payment, the court's discretion may be exercised only in compelling and exceptional circumstances; finding that the plaintiff had made false and grossly exaggerated claims verified by a Statement of Truth without honest belief and that this conduct caused unnecessary cost, the court was justified in reducing the plaintiff's costs by 50% and ordering the plaintiff to pay 50% of the defendant's costs of the application (order nisi) to be assessed.