Hong Kong Case Law: Decisions & Judgments

Topic

Immediate payment of costs

Legal area

Court

26 Jul 2024

SUCCESS LANE DEVELOPMENT LTD v. FERGURSON HONG KONG LTD t/a NEW WORLD MILLENNIUM HONG KONG HOTEL

Citation

[2024] HKDC 1219
Court

District Court
Case number

DCCJ2191/2023

The plaintiff's grounds were unmeritorious; the Extension Request involved minimal costs and plaintiff raised irrelevant and unnecessary arguments increasing costs; the Injunction VOC Application was self‑contained and its costs were capable of summary assessment; therefore the Variation Costs Order Nisi was confirmed and the present summons dismissed with costs summarily assessed and payable forthwith.
12 Apr 2019

COMPANY A AND OTHERS v. COMPANY D AND OTHERS

Citation

[2019] HKCFI 941
Court

Court of First Instance
Case number

HCCT31/2018

Because the plaintiffs engaged in material non-disclosure and the interlocutory applications were unwarranted, the court ordered that the plaintiffs must pay the costs of all three defendants on an indemnity basis and that those costs be paid forthwith.
24 Nov 2017

LAU WING YAN v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESEEL “BBG GLORY”

Citation

LAU WING YAN v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESEEL “BBG GLORY”
Court

Court of First Instance
Case number

HCAJ78/2017

The costs order made in the Decision was an order nisi under O.42 r.5B and the court has power to vary it to an order of summary assessment with immediate payment; sale of the vessels renders the related admiralty claims academic but does not preclude immediate payment of costs; derivative claims require joinder and do not prevent defendants from having costs paid forthwith.
24 Nov 2017

LAU WING YAN v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESEEL “BBG GLORY”

Citation

LAU WING YAN v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESEEL “BBG GLORY”
Court

Court of First Instance
Case number

HCAJ77/2017

The costs order was a nisi order under O.42 r.5B and the court had jurisdiction to vary the costs order to one of summary assessment; accordingly summary assessment was ordered and immediate payment of the assessed costs follows automatically under the rules; sale of vessels did not prevent immediate payment of costs and derivative actions continuing will require amendments and joinder of alleged wrongdoers.
24 May 2012

THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT

Citation

THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT
Court

Court of Final Appeal
Case number

FACV3/2011

Because the dismissed application was severable and self-contained, the amounts were sufficiently significant, and delay would prejudice the winding-up cash flow and frustrate the substantive proceedings, the court exercised its discretion under the Civil Justice Reform objectives and relevant authorities to order immediate payment of the costs of the failed application and subsequent appeals, to be taxed if not agreed.
4 Mar 2011

MIDLAND BUSINESS MANAGEMENT LTD AND ANOTHER v. LO MAN KUI

Citation

MIDLAND BUSINESS MANAGEMENT LTD AND ANOTHER v. LO MAN KUI
Court

Court of First Instance
Case number

HCA1599/2010

MIDLAND BUSINESS MANAGEMENT LTD AND ANOTHER v. LO MAN KUI
26 Aug 2009

RMBSA CORPORATE SERVICES LTD AND ANOTHER v. SECRETARY FOR JUSTICE AND ANOTHER

Citation

RMBSA CORPORATE SERVICES LTD AND ANOTHER v. SECRETARY FOR JUSTICE AND ANOTHER
Court

Court of Appeal
Case number

CACV96/2009

The Court ordered that the costs of the appeal be taxed and paid forthwith by the defendants, and that the costs of the hearing before Wright J on 31 March 2009 remain in the cause, because that hearing was in the nature of a directions hearing.
17 Apr 1996

MAK HAU SHING v. ORIENTAL PRESS GROUP LTD. and Others

Citation

MAK HAU SHING v. ORIENTAL PRESS GROUP LTD. and Others
Court

Court of First Instance
Case number

HCA4902/1993

No special circumstances existed to justify immediate payment; the court exercised its discretion to vary the costs orders: first defendant ordered to pay the plaintiff's costs in any event, the first defendant awarded costs of the variation application in any event, and the costs of the plaintiff's corrective summons ordered to be in the cause because the judge was at fault.
2 Jan 1987

LO KA CHUN v. LO TO AND ANOTHER

Citation

LO KA CHUN v. LO TO AND ANOTHER
Court

Court of Appeal
Case number

CACV44/1985

The court declined to exercise the Slip Rule because there was no accidental slip; it held the 16 October 1985 order was intended to preserve only the costs relating to the applications dealt with by Clough, J and not the general costs of the action, and directed that the general costs of the action be taxed and payable at the conclusion of the restored action.