Hong Kong Case Law: Decisions & Judgments

Topic

Relief summons

Legal area

Court

9 Feb 2023

ZHAO ZHI QIANG v. ZHAO ZHIGUANG AND ANOTHER

Citation

[2023] HKCFI 382
Court

Court of First Instance
Case number

HCA1614/2019

D1 failed on the primary contention regarding the Unless Order and only obtained relief because, on the material before the Court including D1's 7th affirmation, there was effectively complete compliance with disclosure obligations; accordingly the Court refused to vary the Order Nisi in D1's favour, granted P's variation in part by ordering D1 to pay specified costs which are to be summarily assessed, and refused a certificate for two counsel.
4 Nov 2022

TIGER RESORT ASIA LTD v. KAZUO OKADA AND OTHERS

Citation

[2022] HKCFI 3354
Court

Court of First Instance
Case number

HCA3017/2017

The court held that despite the amount claimed and some intertwining of matters, formal taxation was not warranted; most of the claimed costs were reasonable given the volume of underlying documents and conduct, but costs for drafting the statement of costs were disallowed and certain fees reduced. The court summarily assessed HK$980,000 for the Judgment Summons and Relief Summons and HK$62,000 for the application to vary, and made no further orders for costs.
7 Oct 2022

TIGER RESORT ASIA LTD v. KAZUO OKADA AND OTHERS

Citation

[2022] HKCFI 3118
Court

Court of First Instance
Case number

HCA3017/2017

Given D1's intentional non-compliance with court orders and the incredible nature of his sworn explanations, the court exercised its broad discretion over costs, varied Part 1 of the Costs Order Nisi and ordered D1 to pay two‑thirds of the Plaintiff's Judgment Summons costs on an indemnity basis (to be summarily assessed together with the Relief Summons costs and paid forthwith); additionally D1 must pay the costs of the variation application on a party-and-party basis with one counsel; summary assessment to be conducted on the papers with specified filing timelines.
11 Mar 2020

BEST YEAR ENTERPRISES LTD AND ANOTHER v. POWER SECURITIES CO LTD AND ANOTHER

Citation

[2020] HKCFI 344
Court

Court of First Instance
Case number

HCA1071/2019

The court exercised its discretion to vary the costs nisi: it held the strike out applications succeeded because the claimant's proceedings were abusive, violative of the reflective loss principle and issue estoppel and amounted to a Henderson-style abuse, and on that basis indemnity costs were justified for the strike out applications with certificates for two counsel where appropriate; by contrast, the relief summons and the costs-variation applications did not warrant indemnity costs and should be ordered on a party-and-party basis (relief summons costs recoverable on party-and-party basis…

Hong Kong Case Law

ZHAO ZHI QIANG v. ZHAO ZHIGUANG AND ANOTHER

TIGER RESORT ASIA LTD v. KAZUO OKADA AND OTHERS

TIGER RESORT ASIA LTD v. KAZUO OKADA AND OTHERS

BEST YEAR ENTERPRISES LTD AND ANOTHER v. POWER SECURITIES CO LTD AND ANOTHER