Hong Kong Case Law: Decisions & Judgments

Topic

Taxation of costs

Legal area

Court

29 Apr 2026

MAN KAI-KWONG, DAVID v. MAK YING-MUI as the Administratrix of the estate of the Deceased AND OTHERS

Citation

[2026] HKCFI 2321
Court

Court of First Instance
Case number

HCMP703/2019

The applicant failed to show a reasonable prospect of success or other interests of justice to justify leave to appeal; the judge's discretionary extension of time for taxation was not plainly wrong; foreign insolvency/recovery allegations and asserted equitable set-off were either irrelevant or unsupported by evidence and did not justify a stay; accordingly P's summons for leave and stay is dismissed and costs follow the event with a summary assessment procedure ordered.
27 Apr 2026

KING WOOD v. WONG PUI FUN

Citation

[2026] HKCFI 2271
Court

Court of First Instance
Case number

HCA297/2012

Although the defendant owed duties of care, competence and loyalty and breached some internal record-keeping requirements after resignation, the plaintiff failed to prove that the defendant's conduct caused quantifiable loss; contemporaneous timesheets were unreliable and the plaintiff did not adduce the costs draftsman as a witness to justify the revised taxation figures, therefore the defendant was not liable and the action was dismissed with costs.
10 Apr 2026

FLYING FINANCIAL SERVICES HOLDINGS LTD v. MESSRS. CHIU & PARTNERS

Citation

[2026] HKCFI 2045
Court

Court of First Instance
Case number

HCMP130/2022

Bill No.1, though delivered more than 12 months prior, must be taxed because special circumstances exist: absence of agreement on fees for Additional Work, lack of particulars (fee earners, time spent), and real prospect of duplication/overcharging justify taxation by a taxing master; however the company remains liable for annual retainer fees because Mr Zheng had apparent authority to sign the retainer agreements; taxation ordered with interim payment conditions to protect solicitor's financial position.
8 Apr 2026

MA MAN CHUN and MA MAN KAM, the Administratrices of the Estate of FOCK KAM CHAU, Deceased v. FU KA ENGINEERING & CONSTRUCTION LTD AND OTHERS

Citation

[2026] HKCFI 1980
Court

Court of First Instance
Case number

HCPI272/2020

The nisi costs order was varied: plaintiffs must pay defendants the costs of and occasioned by the originating summons for leave to amend (excluding defendants’ costs of the hearing and preparation); plaintiffs must also pay costs of and occasioned by the amendments; costs of preparing the joint statement up to date are in the cause; plaintiffs’ own costs taxed per legal aid rules; defendants are deprived of their costs of the substantive hearing and preparation and will pay the plaintiffs’ costs of the variation application (nisi) to be taxed on the usual basis; costs to be taxed if not agre…
24 Mar 2026

DEUTSCHE SECURITIES ASIA LTD v. THE FINANCIAL SECRETARY AND OTHERS

Citation

[2026] HKCFI 1637
Court

Court of First Instance
Case number

HCMP589/2025

The Court was satisfied the plaintiff held the Cash, Shares and Dividends on trust and lacked power to dispose; the plaintiff had taken reasonable steps to trace beneficiaries; given the likelihood of a sub-trust and public interest, the Shares (to be sold), Cash, sale proceeds and Dividends were ordered paid into Court; the plaintiff may deduct its costs and expenses prior to payment but the claimed sums are substantial and summary assessment was refused and referred to a taxing master for detailed taxation; claimants will have a period to apply for payment out before transfer to general rev…
27 Feb 2026

GORDON CHAN v. CHAN CI KA CINDY

Citation

[2026] HKDC 377
Court

District Court
Case number

DCCJ5024/2023

Because the plaintiff abandoned the Transfer Summons at the last working day before the hearing after the defendant had incurred significant and wasted costs in preparing to oppose it, the court exercised its discretion to order the plaintiff to pay the defendant's costs of the Transfer Summons; the Stay Summons and Unless Order Summons costs remain in the cause; immediate summary assessment was refused because the interlocutory matters were heard together and apportionment was unclear, so taxation in the ordinary course is required.
26 Feb 2026

DEUTSCHE BANK AKTIENGESELLSCHAFT ALSO KNOWN AS DEUTSCHE BANK AG ACTING THROUGH ITS SINGAPORE BRANCH v. ORIENT PROFIT INVESTMENT LTD AND ANOTHER

Citation

[2026] HKCFI 910
Court

Court of First Instance
Case number

HCMP734/2024

The court upheld the solicitor-and-own-client costs order against Mr Lam on the basis of the guarantee's contractual provision and the court's adverse findings about his credibility; granted certificates for two counsel in both actions because of complexity and consequences; rejected Orient Profit's argument to cap its costs liability to mortgage proceeds because the court's discretion cannot be fettered by the Second Mortgage and because Orient Profit's defence lacked merit; and held that costs (including those of the variation applications) are to be taxed and assessed by the master rather…
4 Feb 2026

GURUNG JOU BAHADUR v. DRAGAGES HONG KONG LTD AND ANOTHER

Citation

[2026] HKCFI 742
Court

Court of First Instance
Case number

HCPI43/2017

Because the plaintiff failed to obtain a judgment more advantageous than the sanctioned payment and did not show that it would be unjust to make the orders under Order 22 r 23, the court must make the prescribed orders: costs to be taxed on the High Court Scale up to 26 July 2024 and on indemnity basis thereafter, release of the sanctioned payment, and taxation of legal aid costs under the Legal Aid Regulations.
30 Jan 2026

LO FONG HUNG v. FUNG YUEN KWAN, VERONICA AND ANOTHER

Citation

[2026] HKCFI 741
Court

Court of First Instance
Case number

HCMP2219/2020

Where the issues and evidence were entangled and the petitioner failed to prove the Co-operation Agreement, the general rule that costs follow the event applies; an issue-based apportionment was inappropriate, there was no basis to adjourn costs pending appeal, and consequently the petitioner must pay the costs of the Preliminary Issue forthwith (with certificate for three counsel to be taxed if not agreed) and pay the costs of her unsuccessful summons, summarily assessed.
23 Jan 2026

MOHAMMAD-RIASAT v. WANTON BUSINESS SERVICES LTD

Citation

[2026] HKCFI 567
Court

Court of First Instance
Case number

HCPI312/2021

Plaintiff failed to obtain a result better than defendant's sanctioned payments and his repeated, informed rejections of settlement offers made the exercise of the court's powers under O.22 r.23 appropriate; accordingly the Nisi Costs Order was varied: enhanced interest awarded on defendant's costs at 3% per annum above judgment rate (traditional approach), the judgment sum (HK$952,477.44 plus HK$20,406.18 interest) to be set off against WBS costs incurred after discharge of legal aid on 6 July 2023, the balance after set-off to be paid to the Director of Legal Aid forthwith, and the remainin…