Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Causation in costs orders

Legal area

Court

17 May 2005

CHENG KAM KUEN v. HKSAR

Citation

CHENG KAM KUEN v. HKSAR
Court

Court of First Instance
Case number

HCAL92/2004

The application for judicial review was dismissed because the deputy judge lawfully and properly exercised his wide discretion under the costs statute by taking into account the applicant's failure to disclose his defence at investigation when that silence was causally connected to suspicion and had misled the prosecution; no public law ground existed to disturb his weighing of factors.
20 Jan 2005

MA SO SO JOSEPHINE v. CHIN YUK LUN FRANCIS AND ANOTHER

Citation

MA SO SO JOSEPHINE v. CHIN YUK LUN FRANCIS AND ANOTHER
Court

Court of Final Appeal
Case number

FACV15/2003

The Court held that the appellant's knowing commencement of a false claim was causally potent to the whole of the costs of the Writ Action (including the respondents' application for security for costs) so that the judge was entitled to order indemnity recovery for those costs; the Court set aside the Court of Appeal's exclusions and apportionment, varied only the judge's order so that the costs of the O 62 r 8 proceedings are payable on a party-and-party basis, and ordered that the respondents have their costs in the Court of Appeal on a party-and-party basis payable by the appellant.