Hong Kong Case Law: Decisions & Judgments

Topic

Wasted costs

Legal area

Court

19 May 2026

BUSINESS FINANCE LTD v. WAI PING SO AND OTHERS

Citation

[2026] HKCFI 2780
Court

Court of First Instance
Case number

HCA2269/2016

Ping So is liable to BFL for indemnity costs in the Original Action but only for costs incurred up to 1 August 2022; Yeung is not ordered to pay indemnity costs for the Original Action due to the court's exercise of discretion tied to s.18 findings, but Yeung and Wai Bing Yin are ordered to pay BFL indemnity costs for the Counterclaim because the Counterclaim was wholly unmeritorious; the Official Solicitor is not entitled to recover his costs from BFL because he consented to appointment without an undertaking and thus assumed the risk.
15 May 2026

ZHANG CHUNXIA v. MR. TIN CORPORATION LTD trading as ABERDEEN TIN KEE FISHBALL NOODLES

Citation

[2026] HKDC 803
Court

District Court
Case number

DCPI1281/2025

Plaintiff's acceptance of Small Claims scale costs after the summons meant plaintiff was entitled to those costs; defendant's attempt to raise new reliefs and extensive legal argument in affidavits (contrary to O 41 r 5 RDC) was procedurally improper and would not be entertained; accordingly the court awarded costs of the action to the plaintiff at a Small Claims scale, but granted the defendant 40% of the costs of its summons as fair compensation, with the costs order made nisi and subject to variation and summary assessment procedures.
20 Feb 2026

CHAN MING KIT v. LUK KWOK KEUNG

Citation

[2026] HKDC 249
Court

District Court
Case number

DCPI1964/2022

The defendant failed to demonstrate any reasonably arguable legal or factual error in the Judgment or any basis in the interest of justice to grant leave to appeal; the trial judge's factual findings, supported by evidence and camera footage, were not plainly wrong and the exercise of discretion on issue‑based costs and wasted costs was proper, so both summonses are dismissed and the costs order nisi is made absolute.
8 Dec 2025

NORMAN GUY DONALD AND ANOTHER v. LI PAK HUEN in his capacity as executor of the estate of LI PAK WING AND OTHERS

Citation

[2025] HKCA 1064
Court

Court of Appeal
Case number

CACV137/2024

The Court was satisfied that the criteria in Order 62, rule 8B(1)(a) were met and therefore the Plaintiffs' application for a wasted costs order against the Legal Representatives should proceed to the second stage under Order 62, rule 8B(1)(b) in respect of specified applications and grounds; the Court directed the second stage to be dealt with on paper with leave for one final round of evidence and/or submissions by the Legal Representatives and reserved costs.
8 Dec 2025

NORMAN GUY DONALD AND ANOTHER v. LI PAK HUEN in his capacity as executor of the estate of LI PAK WING AND OTHERS

Citation

[2025] HKCA 1064
Court

Court of Appeal
Case number

CACV126/2024

The Court was satisfied that the first-stage statutory criteria in Order 62, rule 8B(1)(a) were met in respect of specified applications and grounds of appeal and therefore ordered that the Plaintiffs' wasted costs application proceed to the second stage under Order 62, rule 8B(1)(b); having regard to proportionality and the summary nature of the matter the Court directed the second stage to be dealt with on paper while allowing leave to apply for an oral hearing and permitting one final round of evidence and submissions within a fixed time.
16 Oct 2025

HUNG PUI MAN v. INTERCONTINENTAL LIMOUSINE COMPANY LTD

Citation

[2025] HKDC 1721
Court

District Court
Case number

DCPI4214/2022

The court held that indemnity costs for the entire action are warranted because the plaintiff proceeded with a claim despite having earlier access to defendant documents that exposed clear inconsistencies and rendered the pleaded case highly unreasonable; awarded defendant indemnity costs with certificate for counsel to be taxed if not agreed; ordered enhanced interest at judgment rate plus 5% from 22 June 2023 to 19 March 2025 and thereafter until full payment; sanctioned payments totalling HK$50,000 (plus any accrued interest) to be paid out to the defendant; refused to make a wasted costs…
2 Jul 2025

CHUI OI YING, suing by her next friend and son CHEUNG SAI MAN v. CHEUNG SHUNG PING AND ANOTHER

Citation

[2025] HKCFI 2868
Court

Court of First Instance
Case number

HCMP1229/2023

It would not be just to order the next friend (CSM) to pay costs as a non‑party because he had followed advice of the Plaintiff's former legal advisers, there was insufficient evidence he acted for his own personal benefit, and the proceedings were essentially an attempt to revive litigation the Plaintiff initially controlled; accordingly the application to make a non‑party liable for costs was dismissed, though costs of the application after 13 February 2025 were ordered against CSP to the successful parties.
6 Jun 2025

ANTHONIA LOUISE ZOYA ANTON v. HONG KONG AIRCRAFT ENGINEERING COMPANY LTD AND ANOTHER

Citation

[2025] HKCFI 2445
Court

Court of First Instance
Case number

HCPI153/2021

Plaintiff's counsel breached §12 of PD 5.4 by failing to lodge skeleton submissions and list of authorities in time; that breach was inexcusable, constituted a serious dereliction of duty causing the adjournment and wasted costs, and therefore a wasted costs order should be made personally against plaintiff's counsel to pay the wasted costs; plaintiff's instructing solicitors were not liable and plaintiff must not be charged for costs of the adjourned hearing.
18 Mar 2025

LAI CHI KEUNG v. REGISTRAR OF COMPANIES AND OTHERS

Citation

[2025] HKCFI 1095
Court

Court of First Instance
Case number

HCMP2141/2022

The court concluded that the Return of Allotment of 9,900 shares to 湖北瑞博恩能源科技有限公司 was false and invalid, gave no weight to the English-language affirmations notarised in the Mainland where the deponents likely did not understand English and did not attend for cross-examination, found R2 to be Wang's nominee with no consideration paid and not a bona fide purchaser, and therefore granted the applicant's declaration and order to remove the Return and awarded costs to the applicant.
28 Feb 2025

SUCCESS LANE DEVELOPMENT LTD v. FERGURSON HONG KONG LTD t/a NEW WORLD MILLENNIUM HONG KONG HOTEL

Citation

[2025] HKDC 336
Court

District Court
Case number

DCCJ2191/2023

The summons for adjournment was refused insofar as it was taken at the eleventh hour without good reason, but the court granted a final limited extension by making an unless order requiring filing of the affirmation by 4:00pm on 17 March 2025 or debarment; the substantive hearing was adjourned to 11 April 2025 and the applicant (Ms Yung) was ordered personally to pay the costs of her application and the wasted costs of the hearing forthwith, summarily assessed at HK$58,000 and to be on an indemnity basis.