Hong Kong Case Law: Decisions & Judgments

Topic

Without prejudice offers

Legal area

Court

26 Jun 2025

KAN YUK SUM v. KAN YUK SHING (in his personal capacity and as the executor of the estate of Tam Lee Yau)

Citation

[2025] HKCFI 2706
Court

Court of First Instance
Case number

HCMP268/2023

The Summons for leave to appeal was dismissed because the defendant failed to demonstrate a reasonable prospect of success or any other interest-of-justice reason; the costs decision in the Main Decision was a discretionary judgment properly grounded in the evidence and law and was not shown to be plainly wrong or based on a misunderstanding; accordingly leave to appeal was refused and costs of the Summons ordered against the defendant.
18 Dec 2023

WONG TO YICK WOOD LOCK OINTMENT LTD v. SINGAPORE MEDICINE CO. AND OTHERS

Citation

[2023] HKCA 1354
Court

Court of Appeal
Case number

CACV225/2021

The Court made absolute its earlier order nisi: (a) the defendants are awarded the costs of the appeal (with certificate for two counsel) and such costs are to be in the cause of the retrial; (b) the parties' costs below remain in the cause of the retrial; (c) because the CFI Judgment has been set aside the Disclosure Affirmations and exhibits filed pursuant to it must be returned, destroyed, deleted and removed from the court file and the plaintiff and its agents restrained from using information derived from them; (d) the plaintiff's proposed undertakings were insufficient to restore partie…
24 Mar 2023

LPM v. LKH

Citation

[2023] HKFC 55
Court

Family Court
Case number

FCMC844/2019

The judge found the petitioner’s 33% without prejudice save as to costs offer of 23 August 2021 was more generous than and reasonably acceptable compared with the court’s eventual award; applying Order 62 r.5 and the underlying objectives in Order 1A, the court exercised its discretion to refuse an order for costs up to 23 August 2021 and to order the respondent to pay 50% of costs thereafter including reserved costs with certificate for counsel, to be taxed if not agreed.
28 Jan 2021

WJT v. YATM

Citation

[2021] HKFC 22
Court

Family Court
Case number

FCMP79/2017

The court found the Mother to be the overall successful party because the judgment awarded sums substantially closer to and in some respects exceeding her without prejudice offers, the Father had rejected those offers without counter-proposal and his conduct (including unilateral reduction of payments and failure to propose realistic alternatives) forced the Mother to litigate; accordingly the Order Nisi awarding costs to the Mother was made absolute and the Variation Summons dismissed.
20 Mar 2019

LEE CHUI YING AND ANOTHER v. CHAN YEE LING ELAINE

Citation

[2019] HKDC 377
Court

District Court
Case number

DCPI1665/2011

Offers marked or treated as without prejudice or which could and should have been converted into a sanctioned payment could not be relied upon for costs; the sanctioned payment of HKD50,000 made 29 Oct 2014 was valid and refusal produced adverse costs consequences from 26 Nov 2014; accordingly costs incurred by the 2nd plaintiff from 26 Nov 2014 are payable by the defendant on an indemnity basis, interest at 2% above judgment rate, certificate for one counsel only; defendant’s summons dismissed for lack of substantiating evidence.
29 Oct 2014

CEP LTD v. 無鍚市佳誠太陽能科技有限公司

Citation

CEP LTD v. 無鍚市佳誠太陽能科技有限公司
Court

Court of Appeal
Case number

CACV97/2014

The application to vary the costs order was dismissed because the plaintiff's offers were made when liability to provide security was still contested and were premised on a larger contested process; on the facts it was unlikely a fully contested oral hearing would have produced a lower overall security than the offers, so the court declined to vary the order and ordered the plaintiff to pay the defendant's costs of the application in any event.
20 Dec 2007

NATIONBUILD PACIFIC LTD v. FU YIN FINANCIAL INVESTMENT CO LTD

Citation

NATIONBUILD PACIFIC LTD v. FU YIN FINANCIAL INVESTMENT CO LTD
Court

Court of First Instance
Case number

HCA2196/2005

The plaintiffs' letters offered to provide security by payment into court with the stated amounts being inclusive of the defendants' costs of the security applications, but did not unambiguously undertake to pay the defendants' costs; the defendants therefore acted reasonably in refusing the offers and negotiating; accordingly the plaintiffs' applications to vary the costs order nisi fail and the defendants' applications for immediate taxation and payment are refused; the summonses are dismissed and there is no order as to costs of the summonses.
19 Sept 2000

CHAP MEI PLASTIC TOYS MANUFACTORY LTD. v. SHUN FAT TOYS CO. LTD.

Citation

CHAP MEI PLASTIC TOYS MANUFACTORY LTD. v. SHUN FAT TOYS CO. LTD.
Court

Court of First Instance
Case number

HCA846/2000

Because the 27 January offer was purely without prejudice (not 'save as to costs'), did not offer delivery up or payment of the Plaintiff's costs, and the Defendant continued to oppose the injunction after the Plaintiff abandoned monetary relief, the Plaintiff was entitled to recover all costs; therefore the order nisi was confirmed and costs awarded to the Plaintiff.