Hong Kong Case Law: Decisions & Judgments

Topic

Sanctions for undue delay

Legal area

Court

21 Jan 2015

HUNG FUNG ENTERPRISES HOLDINGS LTD AND ANOTHER v. THE AGRICULTURAL BANK OF CHINA

Citation

HUNG FUNG ENTERPRISES HOLDINGS LTD AND ANOTHER v. THE AGRICULTURAL BANK OF CHINA
Court

Court of First Instance
Case number

HCA16459/1998

Measure delay from the completion date of the costs order (14 June 2012); periods before completion and while appeals were realistically pending were excusable; 13 months after final refusal of leave was excessive beyond a reasonable 3 months preparation allowance, yielding 10 months undue delay; appropriate sanction is a global 10% deduction of amounts allowed under each bill; the format of the defendant's bill (charging incremental percentages for common items) is permissible and need not be redrafted.
20 Jul 1999

RE MADAM TAN

Citation

RE MADAM TAN
Court

District Court
Case number

DCCJ14567/1994

Receiving party failed to proceed with taxation with reasonable promptitude, producing an inexcusable/unaccounted delay of approximately eight to nine months; proof of prejudice is not required to exercise the discretion under RHC O62 r22(3) and r7(5); appropriate remedy is a global reduction of 8% of the taxed costs in each of the four bills and reinstatement of items relating to costs of taxation, with an adjourned hearing to deal with re‑instated items and costs.
20 Jul 1999

RE MADAM TAN

Citation

RE MADAM TAN
Court

Court of First Instance
Case number

HCA6665/1994

The receiving party failed to act with reasonable speed after the costs orders; there were 8–9 months unaccounted for and the receiving party did not explain delays between lodging drafts and following up. Under RHC O62 r22(3) and r7(5) the taxing master may reduce taxed costs for undue delay and proof of prejudice is not a prerequisite; accordingly the appropriate sanction on these facts is a global reduction of 8% to each taxed bill with re-instatement of previously taxed-off items relating to costs of taxation and a further hearing to determine those items.

Hong Kong Case Law

HUNG FUNG ENTERPRISES HOLDINGS LTD AND ANOTHER v. THE AGRICULTURAL BANK OF CHINA

RE MADAM TAN

RE MADAM TAN