Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Recovery of legal costs as damages

  • 26 Apr 2024

    NG KWOK MING RICMAN v. LI YIN YEE

    Citation
    [2024] HKCFI 1165
    Court
    Court of First Instance
    Case number
    HCSA16/2024

    Leave to appeal was granted because the claimant established an arguable point of law that the Deputy Adjudicator may have erred in holding the claim fell within Schedule 1(f) of the Small Claims Tribunal Ordinance Cap 338; the court did not decide the merits but confined the leave to the specific legal question whether the claim falls within Schedule 1(f).

    • Jurisdiction of small claims tribunal
    • Interpretation of schedule 1(f) of small claims tribunal ordinance cap 338
    • Leave to appeal
    • Recovery of legal costs as damages
    • Frivolous and vexatious claims

  • 14 Oct 1987

    FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. LEE YUEN YAU

    Citation
    FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. LEE YUEN YAU
    Court
    Court of Appeal
    Case number
    CACV75/1987

    Where there was no adjudication on costs in the District Court because the writ was never served, the appellants could recover reasonable legal fees as damages under clause 1(k) of the deed of mutual covenant; costs and damages are not conceptually mutually exclusive, and the Small Claims Tribunal may award solicitor-client legal expenses as damages where the District Court costs regime has not been engaged.

    • Recovery of legal costs as damages
    • Interpretation of deed of mutual covenant
    • Small claims tribunal jurisdiction and remedies
    • Costs taxation and party-party vs solicitor-client distinction