Hong Kong Case Law: Decisions & Judgments

Topic

Costs - indemnity basis

Legal area

Court

6 Dec 2023

EW v. HC

Citation

[2023] HKCFI 3157
Court

Court of First Instance
Case number

HCCT104/2022

Leave to appeal refused because EW failed to demonstrate reasonable prospects of success: the tribunal had in substance decided the issue of whether HC had a duty to provide Form AK and found against EW, there was no material distinction between 'Import Customs Responsibilities' and the contractual duty alleged by EW, and the secondary public policy ground was moot; accordingly the original dismissal stands and costs awarded on an indemnity basis.
24 Dec 2021

WONG WAI KEUNG v. COMMISSIONER OF POLICE

Citation

[2022] HKCFI 448
Court

Court of First Instance
Case number

HCMP1222/2020

Application for extension refused because plaintiff had notice of disputes since 12 November 2021, gave no proper or particularised reasons for delay, applied on the deadline day, and any delay would prejudice a tightly drawn timetable for the impending trial; an unless order and consequential directions were imposed and costs awarded to the defendant on the indemnity basis.
18 Aug 2021

GOLONG CO., LTD v. SESDERMA, S.L.

Citation

[2021] HKCFI 2659
Court

Court of First Instance
Case number

HCMP1646/2020

The court excluded costs of the Plaintiff's Mainland law expert opinion as inadmissible; refused the Plaintiff's application for indemnity costs because the Defendant was entitled to press for payment until Plaintiff clarified its position in early December 2020; accordingly the costs order nisi was varied to exclude costs prior to 1 December 2020 and the Plaintiff was ordered to pay the costs of the variation application to the Defendant (taxed if not agreed).
29 Jun 2021

CHEUNG KAM YING, deceased v. CHEUNG MAN SZE AND ANOTHER

Citation

[2021] HKCFI 1863
Court

Court of First Instance
Case number

HCA2651/2015

CTL did not have the requisite locus standi or authority to sue on behalf of the deceased's estate (he was not executor, administrator or personal representative); the writ and proceedings were therefore a nullity and properly struck out; the Registrar's order was correct and the appeal is dismissed with costs on an indemnity basis.
19 Mar 2020

YIP KIN KWAN KENNETH v. RICH WELL FINANCE LTD

Citation

[2020] HKCFI 456
Court

Court of First Instance
Case number

HCA2181/2016

The court held the Firm did not breach its duty: its duty was limited by the express retainer to prepare and arrange execution of documents and incidental tasks; it reasonably checked the HKID and signatures and was entitled to rely on the Moneylender's prior approval and commercial verification; the Moneylender bore primary responsibility for commercial verification and risk, and therefore the Moneylender failed to prove negligence and causation by the Firm.
24 Aug 2018

RE QIN JUN

Citation

[2018] HKCA 527
Court

Court of Appeal
Case number

CACV109/2017

The appeal was dismissed because the new MLO point was a fact‑sensitive argument not raised below and permitting it on appeal would prejudice the respondent under the Flywin 'state of the evidence' principle; therefore the Court of Appeal declined to entertain the new point and affirmed the judge's findings that there was no substantial dispute on receipt of the $45m, and ordered indemnity costs against the debtor.
14 Jul 2017

RE DAYS INTERNATIONAL LTD

Citation

RE DAYS INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCCW299/2011

Because Global Empire's challenge to the liquidator's rejection of its proof of debt was without realistic prospect in light of the fraudulent provenance of the claimed debt and the Dayarams' convictions, the proper order is that Global Empire pays the liquidators' costs on an indemnity basis.
10 Sept 2010

IP YIU v. POLYSTYRENE FOAM PRODUCTS FACTORY LTD Respondent

Citation

IP YIU v. POLYSTYRENE FOAM PRODUCTS FACTORY LTD Respondent
Court

Court of Appeal
Case number

CACV251/2009

The Court upheld the trial judge's factual findings that the applicant struck his neck/upper back at work and that the blow could, on the evidence including medical literature, have caused a delayed spinal epidural haematoma; the respondent failed to displace those findings on appeal, so the trial judgment awarding compensation was affirmed and the appeal dismissed.
21 Jul 2006

LEUNG HO SING AND OTHERS v. SHUM YIU TUNG AND OTHERS

Citation

LEUNG HO SING AND OTHERS v. SHUM YIU TUNG AND OTHERS
Court

Court of Appeal
Case number

CACV108/2006

The appeal was dismissed because it was incompetent for failure to join necessary parties (the Incorporated Owners and other management committee members); substantively, under the BMO an incumbent management committee remains in office until successors are appointed (no interregnum), and the pending Tribunal application (including an injunction) meant convening a meeting would have been futile; indemnity costs were awarded against the 6th Applicant.
20 Apr 2006

HANG SENG BANK LTD v. TSOI SIU CHING LEO

Citation

HANG SENG BANK LTD v. TSOI SIU CHING LEO
Court

Court of First Instance
Case number

HCMP2782/2005

The Registrar's order for possession was correct given the Defendant's substantial unpaid judgment debt and mortgage arrears; the proposed appeal has no real prospect of success and therefore extension of time is refused; costs awarded to the Plaintiff on an indemnity basis under the mortgage.