Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Without prejudice save as to costs correspondence

Legal area

Court

1 Sept 2022

YOE HAN YAUW v. YOE HAN HIAN AND OTHERS

Citation

[2022] HKCFI 2684
Court

Court of First Instance
Case number

HCA1332/2018

The order nisi is made absolute because the court concluded that both parties contributed to the post-3 March 2022 conduct, prior unreasonable conduct had already been accounted for in the order nisi, and the Calderbank correspondence did not establish that the Plaintiff should be awarded the costs sought (the Defendants had made a reasonable offer of HK$39,000); therefore no variation of the order nisi was justified.
29 Sept 2021

LAM WAI LIK ERIC AND OTHERS v. TAM SUET MUI

Citation

[2021] HKCA 1388
Court

Court of Appeal
Case number

CACV10/2021

The Court refused to vary the costs order nisi because the Plaintiffs relied on matters that were already known when the Decision was made, the Defendant had earlier offered adequate security by a solicitor's surety up to HK$800,000 which the Court found sufficient, and there was no material in the without prejudice correspondence to justify varying the nisi order; accordingly the nisi was made absolute and the Plaintiffs were ordered to pay the Defendant's costs of the variation application assessed at HK$35,000.