Hong Kong Case Law: Decisions & Judgments

Topic

Witness expenses

Legal area

Court

1 Apr 2016

PHILIP GERALD BUNDY v. VICTOR BASE LTD

Citation

PHILIP GERALD BUNDY v. VICTOR BASE LTD
Court

Court of First Instance
Case number

HCSA10/2016

Leave to appeal was refused because the Deputy Adjudicator did not commit an error of law or act without jurisdiction: she properly exercised discretion under s24 to award loss of salary based on the evidence she accepted; factual findings that claimant and witness took unpaid leave and suffered loss of income are not disturbed on appeal; awarding witness loss of income where witness is spouse is permissible; proportionality and conduct did not justify departing from costs following the event.
18 Feb 2010

HKSAR v. LAM TIN YUEN, MARTIN

Citation

HKSAR v. LAM TIN YUEN, MARTIN
Court

Court of First Instance
Case number

HCMA662/2009

The High Court upheld the magistrate's rejection of the appellant's version and, even disregarding the second prosecution witness, accepted the complainant's evidence as sufficient to establish the offence; the appeal was dismissed and the conviction affirmed.
17 Jun 2009

BEATRICE TSANG SAU HING AND ANOTHER v. YEUNG MAN LOONG MAXLY AND OTHERS

Citation

BEATRICE TSANG SAU HING AND ANOTHER v. YEUNG MAN LOONG MAXLY AND OTHERS
Court

Court of First Instance
Case number

HCCW49/2006

The court disallowed all costs for Mr Chan because his evidence was of little assistance and did not require professional accounting expertise; the court allowed recovery of costs for Mr Lo only to the extent they related to his professional assistance on the companies' ledger accounts (joint account, K Kwok account, Kwok Kee account) as those were necessary given Mr Tsang Senior's ill-health; the taxing master is to assess the quantum; the Respondents awarded half their costs of the present application to be taxed on a party and party basis if not agreed.
31 May 1996

CHAN SHU TING v. KONG SENG PAGING LTD.

Citation

CHAN SHU TING v. KONG SENG PAGING LTD.
Court

Court of First Instance
Case number

HCLA61/1996

The leave to appeal is refused because the contested difference in commission was based on a factual finding (that override commission required unattained sales targets) and therefore raises no question of law; the other grounds either involve exercises of discretion that were not perverse or concern matters outside the Tribunal's punitive powers, and the witness expenses were subsumed in the awarded $2,000.
24 Dec 1992

CREDIT LYONNAIS BANK NEDERLAND N.V. v. CENTURY INSURANCE LTD.

Citation

CREDIT LYONNAIS BANK NEDERLAND N.V. v. CENTURY INSURANCE LTD.
Court

Court of First Instance
Case number

HCMP3812/1992

The court has jurisdiction under Order 23 r.1 to order security for costs in these miscellaneous proceedings because there is a proceeding and the parties can be treated as plaintiff and defendants for that purpose; however any security ordered is limited to the respondents' legal costs of the local application to set aside the Master's s.76 order and does not extend to witness expenses or costs of compliance with the examination order, which are statutory entitlements for determination by the overseas court.

Hong Kong Case Law

PHILIP GERALD BUNDY v. VICTOR BASE LTD

HKSAR v. LAM TIN YUEN, MARTIN

BEATRICE TSANG SAU HING AND ANOTHER v. YEUNG MAN LOONG MAXLY AND OTHERS

CHAN SHU TING v. KONG SENG PAGING LTD.

CREDIT LYONNAIS BANK NEDERLAND N.V. v. CENTURY INSURANCE LTD.