Hong Kong Case Law: Decisions & Judgments

Topic

Adjournment and costs

Legal area

Court

2 Feb 2023

NATURAL DAIRY (NZ) HOLDINGS LTD (IN PROVISIONAL LIQUIDATION) v. CHEN KEEN (alias JACK CHEN) AND OTHERS

Citation

[2023] HKCFI 306
Court

Court of First Instance
Case number

HCA2218/2017

The court granted the application in part: the Legal Costs Exception was allowed only to a limited extent (applicants achieved no more than half success on items and quantum) and the Mortgage Repayment Exception was acceded to with qualification that onerous mortgage liabilities be removed by sale of the property at the appropriate time; consequentially Chen and Ye are entitled to 50% of their costs of the application up to and including the hearing on 25.
1 Feb 2023

CHAN HUNG KIT v. TUNG LAI SHAN

Citation

[2023] HKCFI 317
Court

Court of First Instance
Case number

HCCA4712/2020

The court permitted the late affirmation because the forensic report addressed the central factual issue—authorship of the Transfer Documents—which is critical to the Caveator's allegation; in the interests of justice the court granted leave only on condition of an adjournment and payment of costs, and allowed PW to adduce expert evidence in reply, balancing the lack of explanation for lateness against the high value of the estate and the seriousness of the forgery allegation.
13 Nov 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER
Court

Court of First Instance
Case number

HCMP1526/2013

The court required proper supporting evidence to decide whether leave should be granted to adduce further expert evidence; in the absence of such evidence from the Majority Shareholders the summons to adduce the Cullen Report was adjourned for evidence and consequential directions, the Petitioner’s application for a supplemental report was dismissed as the Valuer had addressed development potential, and procedural failings by the Companies justified adjourning their summons with costs to the Petitioner.
13 Nov 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER
Court

Court of First Instance
Case number

HCMP1528/2013

The court adjourned the Majority Shareholders' summons to allow them to file supporting evidence about the nature of the Valuer's appointment and grounds for adducing the Cullen report, because the MS failed to file evidence; dismissed the Petitioner’s summons for a supplemental report because the Valuer had already addressed development potential and no jurisdictional or factual basis existed to order further opinion from the Valuer; allowed the amendment to the Companies' summons but adjourned that summons to a later date with costs to the Petitioner for listing failures and inadequate serv…
23 Feb 2012

TSIM TAK SUN v. LAM KWOK YIN

Citation

TSIM TAK SUN v. LAM KWOK YIN
Court

Court of First Instance
Case number

HCMP2217/2011

The writ in HCA 984/2011 sought monetary relief and is not a lis pendens; therefore it cannot be registered in the Land Registry under the Land Registration Ordinance; the application to register was refused, the request for adjournment was denied for lack of basis, and costs were awarded to the plaintiff.
20 Oct 2010

FAITH BRIGHT DEVELOPMENT LTD v. NG KWOK KUEN AND OTHERS

Citation

FAITH BRIGHT DEVELOPMENT LTD v. NG KWOK KUEN AND OTHERS
Court

Court of First Instance
Case number

HCA9058/1999

Where solicitors/parties fail to file and serve the Timetabling Questionnaire and required Mediation Certificate in accordance with the Civil Justice Reform, Order 25 and Practice Directions, the Court will generally refuse to hear the Case Management Summons, adjourn the hearing and may disallow costs between parties and their clients and impose case management consequences (including barring expert evidence for default).
18 Oct 2001

Formalex Limited v. Abdoolally Ebrahim & Co. (HK) Ltd.

Citation

Formalex Limited v. Abdoolally Ebrahim & Co. (HK) Ltd.
Court

District Court
Case number

DCCJ14886/2000

The judge exercised discretion to allow the defendant to call Mr Carlos Chan but limited his evidence to the nature of works under the service contract because the court found no evidential prejudice to the plaintiff, the plaintiff could itself adduce evidence on the point, and the relevant matters were covered in the documents.
13 Dec 1984

BANGY CO. LTD. v. E. WAH REALTY LIMITED AND OTHERS

Citation

BANGY CO. LTD. v. E. WAH REALTY LIMITED AND OTHERS
Court

Court of Appeal
Case number

CACV184/1984

The Court of Appeal allowed the appeal, holding that where a proposed late amendment arises from recent discovery, is not mala fide, and raises issues closely linked to the primary issue so that they should be tried together, leave to amend should be granted and potential prejudice can be addressed by costs or adjournment; the judge erred in refusing leave on the balance of justice.
28 Aug 1970

LAI KWOK WAI SIM v. LAI WO CHEUNG (OR CHEONG)

Citation

LAI KWOK WAI SIM v. LAI WO CHEUNG (OR CHEONG)
Court

Court of First Instance
Case number

HCMC208/1969

The Assistant Registrar held that on review under O.62 r.33 he would assess and limit fees according to local standards and case complexity: telephone advice fees (items 30 and 31) and attendance fees for the adjourned hearing (items 45 and 46) are disallowed; the petition fee is properly $150; the previously allowed counsel brief fee of $600 will stand; and the expert opinion fee should be limited to $300.