Hong Kong Case Law: Decisions & Judgments

Topic

Deprivation of costs

Legal area

Court

11 May 2023

YIP LAI HEUNG v. 伍炳榮 AND OTHERS

Citation

[2023] HKDC 606
Court

District Court
Case number

DCEC1252/2016

R1 was deprived of 25% of his costs because he manufactured and embellished evidence, lied about key matters and ran a partnership/self‑employment defence that was flimsy and caused substantial additional time and expense; R2 was not deprived of costs because he did not pursue the defence and his evidence was accepted as honest; costs of this costs variation are to be treated as part of the trial costs and R1 and R2's own costs are to be taxed under the Legal Aid Regulations.
22 Jun 2017

EMINENT INVESTMENTS (ASIA PACIFIC) LTD v. DIO CORPORATION

Citation

EMINENT INVESTMENTS (ASIA PACIFIC) LTD v. DIO CORPORATION
Court

Court of First Instance
Case number

HCA1292/2011

Ritter v Godfrey remains good law after the CJR; the defendant was wholly successful but ran inherently weak defences that were objectively calculated to occasion unnecessary expense (one of Atkin LJ's Ritter factors), and therefore the court exercised its discretion to deprive the defendant of 25% of its costs and award 75% of its costs, with a certificate for two counsel; costs of the hearing that day were ordered as no order as to costs.
14 May 2013

MEGA YIELD INTERNATIONAL HOLDINGS LTD v. FONFAIR CO LTD

Citation

MEGA YIELD INTERNATIONAL HOLDINGS LTD v. FONFAIR CO LTD
Court

Court of First Instance
Case number

HCA948/2009

Application dismissed. Although the plaintiff's original claim was grossly exaggerated, the claim had been substantially reduced at trial; the discrete failed issues (primarily those tied to the Aberdeen site) accounted for only about 15% of the action's costs and did not justify a 50% reduction. The defendant itself contributed to wasted costs (including by witnesses' conduct) and did not make an adequate sanctioned payment to justify a greater departure from the payment-in rule. On balance the court will not apply the deprivation rule to vary the order nisi.
30 May 2006

KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS

Citation

KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS
Court

Court of First Instance
Case number

HCMP2996/1990

The judge found overwhelmingly that the 6th defendant knowingly prosecuted a false case using forged Macau documents and unlawful means, motivated by an ulterior vendetta; accordingly the 15th defendant is entitled to costs and a large part of those costs are to be awarded on an indemnity basis with specified apportionment and interest; limited reduction of D15's recoverable costs applies due to his refusal to admit certain facts after 10 May 1999.

Hong Kong Case Law

YIP LAI HEUNG v. 伍炳榮 AND OTHERS

EMINENT INVESTMENTS (ASIA PACIFIC) LTD v. DIO CORPORATION

MEGA YIELD INTERNATIONAL HOLDINGS LTD v. FONFAIR CO LTD

KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS