Hong Kong Case Law: Decisions & Judgments

Topic

Costs (common fund)

Legal area

Court

20 Nov 2012

LAW YIN POK BOSCO v. DR CHAN YEE SHING

Citation

LAW YIN POK BOSCO v. DR CHAN YEE SHING
Court

Court of First Instance
Case number

HCPI369/2010

Liability having been conceded, the court assessed quantum and awarded general damages of HK$175,000 for the infant's loss of the distal half of the right ring finger and total damages of HK$314,608 for all allowed heads; speculative claims for future loss of earnings were rejected; costs were awarded on a common fund basis and damages ordered paid into court to be invested by the Registrar.
14 Oct 2011

HARKSING INVESTMENT LTD v. TOPLINK HOLDINGS LTD t/a MY PLACE AND OTHERS

Citation

HARKSING INVESTMENT LTD v. TOPLINK HOLDINGS LTD t/a MY PLACE AND OTHERS
Court

Court of Appeal
Case number

CACV137/2011

The appeal was dismissed because the 2nd Defendant did not plead the essential facts required to establish that the guarantee covered only an oral periodic tenancy or tenancy at will or that it was discharged by subsequent variation; the pleadings and evidence established the Plaintiff sued on a fixed term written Tenancy Agreement and the guarantee's language, read with the factual matrix, bound the guarantor to those liabilities.
1 Sept 2009

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v. HO WING ON, CHRISTOPHER

Citation

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v. HO WING ON, CHRISTOPHER
Court

Court of First Instance
Case number

HCCL40/2005

Given the evidence of continued and flagrant breaches of the Mareva/disclosure Order, the demonstrable substantive control by Mr Ho over assets held in trusts and corporate entities, and the real and urgent risk of further dissipation which cannot be remedied satisfactorily by less intrusive measures, the court held that the appointment of receivers was just, convenient and proportionate as ancillary relief to the Mareva Order; accordingly the receivership order was granted with targeted amendments and limited interim relief only by way of a short stay pending appellate arrangements.
23 Jul 1991

FAST FORWARD LTD. v. MAGICSOUND CO. LTD. AND OTHERS

Citation

FAST FORWARD LTD. v. MAGICSOUND CO. LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV3/1991

Because the memorials accompanying the earlier instruments did not specifically particularize the surface of the main roof as a separate sub-division or premises, the purported registrations evidenced by Land Officer certificates were fatally flawed and invalid; the plaintiffs' instrument was properly registered with the required particulars and therefore had priority as a bona fide purchaser, so the orders of Liu, J. granting the plaintiffs possession of the roof, mesne profits and related indemnities and costs were correctly made and upheld.
20 Jul 1988

CHENG CHEUNG WANG v. LO NOI YUNG AND OTHERS

Citation

CHENG CHEUNG WANG v. LO NOI YUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP1055/1988

Leave to appeal was refused because applicants failed to establish standing as registered owners or present cogent, admissible evidence justifying intervention, no adjournment request appeared on the record, the issues were largely academic given equitable positions, and the trial judge properly exercised discretion on both the substantive orders and costs.

Hong Kong Case Law

LAW YIN POK BOSCO v. DR CHAN YEE SHING

HARKSING INVESTMENT LTD v. TOPLINK HOLDINGS LTD t/a MY PLACE AND OTHERS

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v. HO WING ON, CHRISTOPHER

FAST FORWARD LTD. v. MAGICSOUND CO. LTD. AND OTHERS

CHENG CHEUNG WANG v. LO NOI YUNG AND OTHERS