Hong Kong Case Law: Decisions & Judgments

Topic

Conduct of litigation

Legal area

Court

29 May 2019

JOHN ROBERT LEES and TSUI CHI CHIU, the Joint and Several Liquidators of GMF FINANCE LTD (in Creditors’ Voluntary Liquidation) v. CLOUTIER GUY EVON AND ANOTHER

Citation

[2019] HKCA 607
Court

Court of Appeal
Case number

CACV84/2018

Because the contractual indemnity provision relied upon was prima facie unenforceable under s18 of the Money Lenders Ordinance and the Facility Letter contained material irregularities, the court varied the order nisi: defendants must pay the plaintiffs' costs below on a party and party basis (to be taxed if not agreed); plaintiffs must pay the costs of the application for variation (assessed at HKD 85,192).
3 Oct 2018

PJM v. GPN

Citation

[2018] HKFC 167
Court

Family Court
Case number

FCMC4999/2014

The court varied the earlier nisi costs order and held it just and reasonable to order the Petitioner to pay 50% of the Respondent's party-and-party costs (taxed if not agreed) because the Respondent incurred substantial legal costs while the Petitioner had none, the Respondent was largely successful, and there was an inequity of representation and conduct by the Petitioner; additionally the Petitioner was ordered to pay the costs of the Respondent's summons dated 16 May 2018 (taxed if not agreed).
27 Oct 2017

NLT v. LYKJ

Citation

NLT v. LYKJ
Court

Family Court
Case number

FCMC8680/2012

Despite concerns about the mother’s conduct in involving the children and the late concessions, the judge exercised discretion to maintain the usual rule of no order as to costs for the main custody and care and control applications; however, the judge ordered that the father pay the wife’s costs of his 17 November 2016 summons (to be taxed party and party if not agreed) and granted certificates for counsel.
28 Jul 2017

DCB v. AB

Citation

DCB v. AB
Court

Court of First Instance
Case number

HCMP2173/2014

The Father’s litigation conduct, though at times emotive and involving inflammatory language, did not amount to reprehensible or unreasonable conduct warranting departure from the usual practice; he had a bona fide interest and a non‑hopeless case in maintaining care and control. Consequently, in the best interests of the child and given need for ongoing parental cooperation, there is no order as to costs (including reserved costs) except as already ordered; the Mother’s legal aid costs to be taxed under legal aid regulations and interim maintenance costs to be dealt with separately at the fo…
22 Aug 2014

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH, also known as YU CHUAN YIH AND OTHERS

Citation

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH, also known as YU CHUAN YIH AND OTHERS
Court

Court of First Instance
Case number

HCA156/2010

After weighing Order 2 rule 5 factors the court found MGHK's breach was caused by clear professional negligence compounded by lack of candour and misleading affidavits, that MGHK's and its lawyers' conduct and procedural gamesmanship and evidence of external control/funding by Lorenzo disentitled MGHK to relief, and accordingly dismissed the summons for relief from sanction with costs.
28 Jun 2013

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

Citation

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC241/2004

The Court found on the balance of probabilities that the conduct of the 2nd respondent and its insurer (through pre-trial letters, filing answers and assertions without involving R1, and warning R1 not to make admissions) did materially influence and force R1 to defend the ECC to preserve indemnity rights; that conduct constituted special or unusual features justifying indemnity costs; accordingly indemnity costs were awarded to R1 for defending the ECC and opposing the s24 indemnity application (with certificate for counsel), and an order nisi was made that R2 pay R1's costs of the present a…
9 Aug 2012

MAO v. NCB

Citation

MAO v. NCB
Court

Family Court
Case number

FCMC14742/2010

The court found the father had, by appearing to agree to sole custody on 23 December 2011 and then effectively reneging, caused an avoidable trial and was therefore ordered to pay the mother's costs relating to custody from 23 December 2011 to 19 March 2012 (taxed party-and-party if not agreed); the father was ordered to pay a 20% contribution to the wife's costs incurred before 23 December 2011 and to pay the costs of the present costs application, with the judge expressly taking into account the father's mental health as mitigation in reducing the penalty.
19 Jun 2012

GATEWAY INTERNATIONAL DEVELOPMENT LTD v. HOLYROOD LTD

Citation

GATEWAY INTERNATIONAL DEVELOPMENT LTD v. HOLYROOD LTD
Court

Court of First Instance
Case number

HCA1159/2007

Indemnity taxation was ordered because the defendant knowingly delivered a massively substandard building and conducted a long, expensive and unyielding defence with no settlement attempt, such that a party-and-party taxation would not do justice to the plaintiffs; therefore indemnity costs were appropriate.
19 Jun 2012

SUN CROWN TRADING LTD v. HOLYROOD LTD

Citation

SUN CROWN TRADING LTD v. HOLYROOD LTD
Court

Court of First Instance
Case number

HCA1158/2007

The court refused to vary the order nisi and ordered indemnity taxation because the defendant's overall conduct—delivering a massively substandard building, taking three years to rectify defects, and pursuing litigation at great expense without settlement—made indemnity costs appropriate; party and party taxation would not do justice to the plaintiffs.
17 Jan 2012

CHAN KOON NAM v. NG MAN SUM

Citation

CHAN KOON NAM v. NG MAN SUM
Court

Court of First Instance
Case number

HCA1494/2007

Because the defendant had no properly pleaded defence (failed to plead consideration), refused to return the 50 shares since 2007, gave disbelieved evidence and caused unnecessary litigation and expense, the court exercised its discretion and ordered that the defendant pay the plaintiff's costs to be taxed on an indemnity basis.