Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Exaggeration of damages

  • 3 May 2023

    LEUNG KA WAI 對 KAWIN INTERIOR CONTRACTING CO., LTD

    Citation
    [2023] HKDC 527
    Court
    District Court
    Case number
    DCPI2942/2020

    The court held the plaintiff remained the successful party because the defendant made no settlement offers or payments before trial; however, because the plaintiff's damages claims were found to be significantly exaggerated, the plaintiff's recoverable costs were reduced by half. The Legal Aid Department's summons attracted no costs order; the defendant succeeded on its summons and was entitled to costs, but the costs of that application were to be paid by the Legal Aid Department.

  • 12 Oct 2018

    SINGH BAL WINDER v. IWS WASTE MANAGEMENT CO LTD AND ANOTHER

    Citation
    [2018] HKCFI 2242
    Court
    Court of First Instance
    Case number
    HCPI1126/2014

    Although the plaintiff recovered marginally more than the defendant's sanctioned payments, the court exercised its residual discretion and reduced the plaintiff's costs to 50% because it found the plaintiff had engaged in malingering and maintained a vastly inflated claim which unnecessarily prolonged proceedings and increased costs; the defendant was ordered to pay the costs of the summons and the plaintiff's own costs to be taxed under Legal Aid regulations.