Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Allocation of legal costs

  • 10 Mar 2017

    TSANG KWOK WAI 及另一人 對 TSANG KAM WAH及另一人

    Citation
    TSANG KWOK WAI 及另一人 對 TSANG KAM WAH及另一人
    Court
    Court of First Instance
    Case number
    HCA2772/2001

    The consent order permitted continued letting of the ground floor and required post-14-01-2004 rents to be held and distributed; accordingly the defendants were entitled to seek directions to implement the consent order, to apply rental receipts for legal costs, property tax and necessary repairs prior to sale, and the plaintiffs must proportionally share one third of any shortfall where costs exceed the specified rental income. The court also allowed D1 and D2 to commence proceedings against WML in their own names and to engage the solicitors named, as this promotes orderly and cost-effectiv…

  • 17 Sept 2012

    RE CK

    Citation
    RE CK
    Court
    Court of First Instance
    Case number
    HCMH77/2011

    Given the complexity of the MIPs' assets and the antagonism between competing applicants, the Court must avoid turning Part II applications into a forum for private forensic disputes; detailed asset investigation should generally be left to a neutral professional committee, and costs unnecessarily incurred as a result of antagonistic conduct should not be borne fully by the MIPs' estates. Accordingly the estates will bear limited costs (filing/service and fixed lump sums and indemnity costs for OS/DSW) while specific costs arising from unnecessary conduct are to be paid by the responsible app…