Hong Kong Case Law: Decisions & Judgments

Topic

Court costs

Legal area

Court

16 Dec 2024

TSO MAN KUEN JASMINE v. POON CHUK HUNG

Citation

[2024] HKDC 2148
Court

District Court
Case number

DCCJ1379/2023

Leave to appeal out of time was refused because the application was filed late without a valid explanation, the intended appeal was wholly unarguable with no reasonable prospect of success, there was no basis to cancel the earlier costs order, and there was no procedural basis for the court to refer the matter to the police; consequentially the summons was dismissed and limited costs awarded to the defendant for the hearing (HK$1,700).
11 Sept 2024

香港特別行政區訴黃劍虹

Citation

[2025] HKCFI 598
Court

Court of First Instance
Case number

HCMA426/2023

Because the appellant admitted receipt of the tickets, the statute mandates imposition of the fixed penalty and an additional penalty equal to the fixed penalty; the only judicial discretion concerns court costs within the statutory range, and the imposed HK$440 is within that range, so there is no basis to interfere with the magistrate's orders; appeal dismissed.
22 Nov 2023

RE NUO RUI INVESTMENTS LTD

Citation

[2023] HKCFI 3142
Court

Court of First Instance
Case number

HCCW88/2022

Given the agreement between contributories and liquidators, the significant receivables (in excess of HK$300 million) which justify reducing ad valorem fees, and the Official Receiver's neutrality, the court exercised its power under s209A to order the winding up to continue as a creditors' voluntary winding up, to confirm the liquidators continue as joint and several liquidators, and to order costs be paid from the company's assets.
14 Jul 2022

譚對歐陽

Citation

[2022] HKFC 145
Court

Family Court
Case number

FCMC3445/2015

Leave to appeal was refused because the applicant had no real or reasonable prospect of success, the judge was not biased, the 2021 summons could not lawfully vary the lump‑sum arrangement or affect third‑party rights under s11 of the Matrimonial Proceedings and Property Ordinance, and the applicant's conduct warranted a costs order for the underlying summonses.
10 Jan 2022

香港特別行政區訴機場保安有限公司

Citation

[2022] HKCFI 97
Court

Court of First Instance
Case number

HCMA52/2021

Where an appellant succeeds in quashing a conviction on merits rather than on technicality and there are no positive reasons to refuse costs, the court will order costs to follow the result covering appeal costs and reasonable trial costs; if parties cannot agree on quantum, remit to assessment officer.
17 Nov 2021

BR also known as RB v. P

Citation

[2021] HKFC 234
Court

Family Court
Case number

FCMC13192/2019

Given the Respondent's repeated breaches of the injunction, his failure to file opposing affidavits or attend the reserved hearing, and the Petitioner's entitlement and legal aid status, the court exercised its discretion to order the Respondent to pay the Petitioner's costs of and arising out of the summons dated 21 July 2020 including the costs reserved on 30 July 2020, 12 October 2020 and 25 January 2021; those costs are to be taxed party and party if not agreed and the Petitioner's own costs are to be taxed under the Legal Aid Regulations.
28 Jan 2021

有關鄧添柱的事宜

Citation

[2021] HKCFI 216
Court

Court of First Instance
Case number

HCB7373/2020

The debtor failed to set aside the statutory demand or provide any legally effective defence to the enforcement of multiple costs orders; therefore a bankruptcy order was properly made and the creditor's costs are to be paid from the bankrupt's estate.
22 Feb 2019

麦鳳娣對刘宝华

Citation

[2019] HKDC 132
Court

District Court
Case number

DCCJ1946/2016

The Small Claims Tribunal rendered a final and unappealable factual determination fixing unpaid rent at HK$39,000 and that decision is binding under res judicata; plaintiff attempted to relitigate the same claim and thus that head was barred. Plaintiff failed to prove management fees, rates or repair causation and quantum; her evidence was inconsistent and not credible while defendant's evidence was consistent and supported by documents. Accordingly plaintiff's claims fail and the action is dismissed with costs to defendant.
14 Dec 2018

梁對陳

Citation

[2019] HKFC 2
Court

Family Court
Case number

FCMC12162/2015

The judge denied all leave and late‑leave applications because (1) none of the appeals had a reasonable prospect of success given the trial judge's considered evaluation of social work evidence and factual findings; (2) the late application involved an unjustified delay (about 12 months) and unsatisfactory explanations; and (3) granting late leave would unfairly prejudice the other party and prolong protracted litigation. Therefore discretion to grant leave or extension was properly refused.
9 Jul 2015

曾氏工程公司 v. 林慧嫻

Citation

曾氏工程公司 v. 林慧嫻
Court

District Court
Case number

DCCJ3596/2011

The judge preferred plaintiff's and corroborating witness evidence over the defendant's, found the parties agreed to the Quotation price of $473,000 and authorized the listed demolition/disposal, concluded time was not made of the essence, found delays were attributable to the defendant's changes (tiles) and not breach by plaintiff, held the defendant was not lawfully entitled to require faxed identity card copies as a precondition for returning tools and had wrongfully retained tools, dismissed the defendant's counterclaim, and awarded the plaintiff damages totaling $122,478.20 plus interest…