Hong Kong Case Law: Decisions & Judgments

Topic

Sanderson/bullock costs orders

Legal area

Court

6 Apr 2022

ALLIED TREASURE INVESTMENT LTD v. CHAN KA LING AND ANOTHER

Citation

[2022] HKCA 459
Court

Court of Appeal
Case number

CACV42/2021

The POA, read as a whole and construed strictly, did not authorise the Father to mortgage the Daughter's properties for a loan that was not solely for her benefit; accordingly the Loan Agreement, Mortgage and Assignment were outside the Father's authority and unenforceable as against the Daughter. Further, the Lender failed to comply with s18(1) of the Money Lenders Ordinance and the court rightly declined to exercise discretion under s18(3) to validate enforcement. The appeal was dismissed and the Judge's orders were affirmed.
3 Nov 2010

CHIU KWOK HUNG BAN v. NG FU WING t/a WING KEE AQUARIUM ENG CO AND OTHERS

Citation

CHIU KWOK HUNG BAN v. NG FU WING t/a WING KEE AQUARIUM ENG CO AND OTHERS
Court

Court of Appeal
Case number

CACV83/2010

Appeal allowed: the judge erred in rejecting the applicant's uncontradicted oral evidence of average earnings without adequate reasons or documentary proof requested by respondents; applicant's average earnings should be found as 20 days/month at $800/day resulting in higher compensation under s10 and s9 (applying Hong Kong Paper Mills formula); interest for the period up to 1 January 2004 should not have been excluded; a Bullock order (not Sanderson) is appropriate between applicant and 1st respondent; applicant entitled to costs against the 2nd, 3rd and 4th respondents; parties to submit ag…
11 Jun 2008

LAU CHU WING v. LAW WAI SHING AND OTHERS

Citation

LAU CHU WING v. LAW WAI SHING AND OTHERS
Court

District Court
Case number

DCPI1389/2007

The court corrected the clerical/calculation errors in the earlier judgment; refused to make a Sanderson costs order because the claims against the 2nd and 3rd Defendants were separate and distinct and any uncertainty related to the law rather than to facts; costs incurred before transfer on 8 June 2007 are to be taxed at the High Court scale and thereafter at the District Court scale with certificate for counsel; the 3rd Defendant is entitled to indemnity costs against the 2nd Third Party pursuant to the contractual indemnity clause; other applications for shifting costs were refused where n…
13 Nov 2006

YEUNG KWOK WO v. HOI HING STEEL FIXING WORKS CO AND OTHERS

Citation

YEUNG KWOK WO v. HOI HING STEEL FIXING WORKS CO AND OTHERS
Court

Court of First Instance
Case number

HCPI136/2004

Judge found plaintiff suffered fractured ribs, ruptured spleen and hypertrophic scar; accepted many ongoing complaints exaggerated and preferred defendant orthopaedic evidence on several points; allowed 6 months reasonable sick leave (with additional time for surgery and admissions), applied multiplier 7 for future loss; awarded PSLA $400,000, pre-trial loss $1,013,000, post-trial loss $1,503,600, special damages $14,400, total $2,931,000, gave credit for employee's compensation $619,726 and entered judgment against 1st–5th defendants for $2,311,274; held it was reasonable to have joined 6th…

Hong Kong Case Law

ALLIED TREASURE INVESTMENT LTD v. CHAN KA LING AND ANOTHER

CHIU KWOK HUNG BAN v. NG FU WING t/a WING KEE AQUARIUM ENG CO AND OTHERS

LAU CHU WING v. LAW WAI SHING AND OTHERS

YEUNG KWOK WO v. HOI HING STEEL FIXING WORKS CO AND OTHERS