Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Indemnity vs standard costs

Legal area

Court

21 Jul 2023

LEE PO CHU FEONA v. JOYCE CHAN & CO. (a firm)

Citation

[2023] HKCFI 1878
Court

Court of First Instance
Case number

HCA2421/2016

The plaintiff failed to substantiate her allegations and lost both the claim and counterclaim; the defendant's Calderbank offer, although not an O22 sanctioned payment, was a relevant factor and the plaintiff's decision to proceed did not render the offer unreasonable, therefore the plaintiff must pay the defendant's costs of the action.
3 Sept 2018

蔡文榮及另一人對黃騰開

Citation

[2018] HKDC 1083
Court

District Court
Case number

DCCJ4825/2016

The court found the 4 July 2017 proposal was validly served by fax (receipt proved) and that the judgment obtained was overall more favourable to the plaintiffs; although the proposal lacked the exact mandatory wording of Order 22(5)(7) the court exercised its discretion under Order 22(2)(4) to vary the interim costs order and awarded costs on an indemnity basis from 2 August 2017; the defendant's contention about an additional testing requirement was rejected because the injunction necessarily required verification of remedial work.