Hong Kong Case Law: Decisions & Judgments

Topic

Financial hardship

Legal area

Court

12 Jul 2023

I, M aka K, M v. I, SM

Citation

[2023] HKFC 136
Court

Family Court
Case number

FCMC10984/2020

Exceptional circumstances existed: the respondent adopted an unreasonable and unsustainable financial stance, changed position after trial, and the petitioner has suffered significant depletion of capital risking the children's welfare; accordingly it is justifiable to depart from the usual 'no costs' rule and order the respondent to pay a substantial proportion of costs (75% of relocation costs and 50% of the variation application costs).
26 Aug 2020

PROFESSOR CHAN YAN CHEONG v. THE RESEARCH GRANTS COUNCIL OF THE UNIVERSITY GRANTS COMMITTEE

Citation

[2020] HKCFI 2180
Court

Court of First Instance
Case number

HCAL603/2017

The summons for a stay of execution of the costs order was dismissed because the applicant failed to demonstrate strong prospects of success on appeal and failed to provide credible evidence that refusal of a stay would cause a serious deleterious financial effect; therefore the balance of convenience did not justify depriving the successful party of the fruits of its victory. Costs to the respondent were ordered to be summarily assessed on the papers.
9 Nov 2018

HIU HUNG POR 對 THE COLLECTOR OF STAMP REVENUE

Citation

[2018] HKDC 1319
Court

District Court
Case number

DCSA283/2018

The court dismissed both applications because the appellant failed to produce credible evidence of illness, absence or other reasonable cause to justify extension of time, had engaged solicitors before the deadline (undermining the absence claim), failed to prove financial hardship or provide the required guarantee under s14(1B), and therefore both the extension and leave to appeal without payment were refused; summons revoked and case struck out with costs awarded to respondent.
14 Jul 2017

DING SHU JU 對 CHU SAI KEUN

Citation

DING SHU JU 對 CHU SAI KEUN
Court

Court of Appeal
Case number

CACV185/2016

Security for costs was ordered because the appellant demonstrated financial difficulty and likely enforcement problems in Hong Kong, and he failed to show that his appeal had a high probability of success that would justify dispensing with security; the appropriate amount of security was fixed at HK$120,000 and payment within 28 days was made a condition for the appeal to proceed.
7 Oct 2013

SHABBIR AHMED v. CHUN HIN INTERNATIONAL LTD AND OTHERS

Citation

SHABBIR AHMED v. CHUN HIN INTERNATIONAL LTD AND OTHERS<br>
Court

District Court
Case number

DCEC1713/2012

Application dismissed because applicant failed to verify the amount of damages as required and failed to provide documentary evidence of financial hardship or explain use of prior interim and further payments, and therefore the court declined to exercise its discretion to order a further interim payment.
22 Mar 2010

KING CROWN DECORATION & CONSTRUCTION LTD v. THE COLLECTOR OF STAMP REVENUE

Citation

KING CROWN DECORATION & CONSTRUCTION LTD v. THE COLLECTOR OF STAMP REVENUE
Court

District Court
Case number

DCSA14/2009

The court refused to exercise its discretion under s14(5B) because the appellant failed to show it was prevented from appealing by the director's absence, postal delay or financial hardship and it had not used statutory postponement mechanisms under s14(1A)/(1B).
8 Jan 1982

LUK CHOR SANG AND ANOTHER v. KWOK LUI KIT

Citation

LUK CHOR SANG AND ANOTHER v. KWOK LUI KIT
Court

Court of Appeal
Case number

CACV140/1981

The tenant failed to adduce sufficient evidence to discharge the burden of proving that an order for possession would be manifestly unjust or inequitable (no sufficient proof of serious financial hardship or probable family breakup), therefore the appeal is allowed and judgment for possession is entered for the landlords once reasonable requirement was established.

Hong Kong Case Law

I, M aka K, M v. I, SM

PROFESSOR CHAN YAN CHEONG v. THE RESEARCH GRANTS COUNCIL OF THE UNIVERSITY GRANTS COMMITTEE

HIU HUNG POR 對 THE COLLECTOR OF STAMP REVENUE

DING SHU JU 對 CHU SAI KEUN

SHABBIR AHMED v. CHUN HIN INTERNATIONAL LTD AND OTHERS

KING CROWN DECORATION & CONSTRUCTION LTD v. THE COLLECTOR OF STAMP REVENUE

LUK CHOR SANG AND ANOTHER v. KWOK LUI KIT