Hong Kong Case Law: Decisions & Judgments

Topic

Gross sum costs assessment

Legal area

Court

22 Sept 2022

BOLD SHINE INVESTMENT LTD v. ZHENG DELI also known as CHEANG LEI and CHEANG TAK LEI

Citation

[2022] HKCFI 2764
Court

Court of First Instance
Case number

HCA1676/2011

Leave to appeal was refused because the plaintiff merely re‑ran arguments, it was not reasonably arguable that a Mainland People's Court would be receptive to the proposed request for cross‑examination under the Arrangement, and the judge's discretionary refusal was not shown to be erroneous, therefore no reasonable prospects of success existed.
21 Jul 2021

RE LEUNG CHUNG HANG SIXTUS

Citation

[2021] HKCA 1050
Court

Court of Appeal
Case number

CAMP153/2020

Given Doris Leung's established pattern of vexatious litigation, repeated lack of locus standi, continued non-compliance with procedural orders and likelihood of repeating abuses, it was proportionate and necessary to grant RAO and RPO limiting her ability to initiate or pursue specified proceedings without prior leave of the designated judge; consequently her outstanding summonses and notices of appeal related to those matters are struck out or dismissed and leave to appeal to the Court of Final Appeal refused where statutory threshold not met.
4 Dec 2017

GREATER CHINA CAPITAL INC (a company incorporated in British Virgin Islands) v. GBTIMES LTD (formerly known as GLOBAL BROADCASTING MEDIA MANAGEMENT LTD) (a company incorporated in Finland)

Citation

GREATER CHINA CAPITAL INC (a company incorporated in British Virgin Islands) v. GBTIMES LTD (formerly known as GLOBAL BROADCASTING MEDIA MANAGEMENT LTD) (a company incorporated in Finland)
Court

Court of Appeal
Case number

CAMP40/2017

The Court refused leave to appeal because the defendant failed to establish a reasonably arguable ground to disturb the Deputy Judge's discretionary costs assessment; the Deputy Judge reasonably concluded there was no misuse of the Order 14 procedure and therefore was entitled to order the costs of the application to be in the cause, and the Court fixed those costs at a gross sum of $45,000 on a party and party basis.
18 Mar 2015

YUEN OI YEE LISA v. NGAI NGOK PANG AND ANOTHER

Citation

YUEN OI YEE LISA v. NGAI NGOK PANG AND ANOTHER
Court

Court of Appeal
Case number

CACV118/2013

The Court dismissed the appellant's summonses for lack of merit, declined to adjourn the appeal for pending police investigations, declined certain reliefs sought by respondents, but made a targeted RAO against the appellant in the appeal proceedings to prevent further abusive filings; the Court gave the appellant a final 21-day period to lodge a draft appeal bundle or file a dismissal request, failing which the appeal will be listed for possible dismissal for want of prosecution, and awarded costs including a composite gross sum assessment of HKD 10,000 for three summonses.
30 Apr 2012

WELL JOINT TRADING LTD v. CHIU CHUNG CHIU also known as CHIU CHUNG CHIU THOMAS AND OTHERS

Citation

WELL JOINT TRADING LTD v. CHIU CHUNG CHIU also known as CHIU CHUNG CHIU THOMAS AND OTHERS
Court

Court of First Instance
Case number

HCMP498/2012

The Court refused leave to appeal because the proposed grounds did not demonstrate a reasonable prospect of success under s.14AA; the Deputy Judge's conclusions that there was a good arguable case, assets within the jurisdiction, risk of dissipation and that the balance of convenience favored continuation were upheld; the application was found totally without merit and an order was made preventing oral reconsideration under RHC O.59 r.2A(8), with costs directed to be assessed on a gross sum basis.
6 Jan 2012

TSOI YIU CHUNG v. ING LIFE INSURANCE CO (BERMUDA) LTD

Citation

TSOI YIU CHUNG v. ING LIFE INSURANCE CO (BERMUDA) LTD
Court

Court of First Instance
Case number

HCA2447/2007

The judge exercised discretion to grant the defendant leave to re-amend its defence within 56 days, refused to order the plaintiff to answer an as-yet-unformulated request for further particulars, and made a gross sum costs assessment awarding the defendants $50,000 on a party-and-party basis with costs of the hearing to be costs in the cause.
18 Dec 2006

RE CHOY BING WING

Citation

RE CHOY BING WING
Court

Court of First Instance
Case number

HCB7796/2006

Because the petitioning debt had been paid in full before determination, the petition was dismissed. The court properly exercised its power under Bankruptcy Rules r.32A(1)(b) to assess costs on a gross sum basis, found the petitioner's statement of costs sufficiently detailed for a gross assessment, reduced the solicitors' fees for excessive/duplicative work, and fixed the debtor's liability for costs at a gross sum of $52,800.00.
16 Dec 1999

AIR-SPRUNG (HONG KONG) LTD. v. WOO SHIN TAK

Citation

AIR-SPRUNG (HONG KONG) LTD. v. WOO SHIN TAK
Court

Court of First Instance
Case number

HCA10047/1999

The appeal was dismissed because there was a serious dispute over the existence and terms of the alleged compromise, making it unsuitable to grant the discretionary remedy of a stay; permitting the defendant's application would constitute an abuse of the court's process, so the action must proceed.
2 Dec 1999

MESSRS GEORGE TUNG, JIMMY NG & VALENT TSE v. KIMBERLEY CRAIG ROBINSON

Citation

MESSRS GEORGE TUNG, JIMMY NG & VALENT TSE v. KIMBERLEY CRAIG ROBINSON
Court

Court of First Instance
Case number

HCA5403/1999

The court held that the case does not fall within the secrecy categories permitting restriction under the Judicial Proceedings (Regulation of Report) Ordinance, no special circumstances justified anonymity, and therefore ordered unrestricted circulation of the judgment; the court assessed gross sum costs in favour of the defendant against the applicants at HK$80,000.