Hong Kong Case Law: Decisions & Judgments

Topic

Counterclaim costs

Legal area

Court

24 Nov 2014

WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE

Citation

WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE
Court

Court of First Instance
Case number

HCCT60/2006

Costs awarded by assessing success and conduct: plaintiff awarded 60% of costs of the action because it was substantially successful but its late particularisation and failure to produce materials and expert shopping warranted reduction; costs of expert evidence summons ordered on indemnity basis due to expert shopping; counterclaim treated separately and plaintiff ordered to pay 33% of IO's costs of the counterclaim based on mixed success across many heads.
28 Nov 2006

LIANG CURRENT TIEN TZU v. HUTCHISON GLOBAL COMMUNICATIONS HOLDINGS LTD

Citation

LIANG CURRENT TIEN TZU v. HUTCHISON GLOBAL COMMUNICATIONS HOLDINGS LTD
Court

Court of First Instance
Case number

HCA15/2003

The court varied the order nisi: dismissal of the contingent counterclaim did not merit separate costs treatment; because the defendant pursued and then abandoned a significant 'qualitative input' defence that generated substantial pre-trial work, fairness required reducing the defendant's recoverable pre-trial costs to 70%; costs remain payable by the plaintiff to the defendant and are to be taxed if not agreed; plaintiff awarded 50% of its costs of the variation hearing to be taxed if not agreed and may set-off that sum against its accrued liability.
10 Jul 2006

MILLENNIUM ENGINEERING LTD v. YAU LEE CONSTRUCTION CO LTD

Citation

MILLENNIUM ENGINEERING LTD v. YAU LEE CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCCT92/2004

Security for costs was ordered because the court was satisfied such security ought to be given; the court made appropriate deductions for costs attributable to the counterclaim and fixed the security at HKD 2,400,000 to be paid into court within three days.
22 Jan 2001

COMMON LUCK INVESTMENT LTD. v. DIRECTOR OF LEGAL AID

Citation

COMMON LUCK INVESTMENT LTD. v. DIRECTOR OF LEGAL AID
Court

Court of First Instance
Case number

HCMP2659/2000

The Director is liable under s16C(1)(b)(ia) for the costs occasioned by the counterclaim and under s16C(1)(b)(ib) for the costs of the appeals because Mr Cheung was the plaintiff in the counterclaim in the court below; a respondent's notice seeking to affirm the lower court does not equate to a cross-appeal; and the costs of the counterclaim include the costs of the originating judicial review proceedings; declarations were granted accordingly.

Hong Kong Case Law

WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE

LIANG CURRENT TIEN TZU v. HUTCHISON GLOBAL COMMUNICATIONS HOLDINGS LTD

MILLENNIUM ENGINEERING LTD v. YAU LEE CONSTRUCTION CO LTD

COMMON LUCK INVESTMENT LTD. v. DIRECTOR OF LEGAL AID