Hong Kong Case Law: Decisions & Judgments

Topic

Jurisdiction to order costs

Legal area

Court

23 Jan 2007

EDMUND KUNG CHIU NAM v. THE INSIDER DEALING TRIBUNAL

Citation

EDMUND KUNG CHIU NAM v. THE INSIDER DEALING TRIBUNAL
Court

Court of Appeal
Case number

CACV176/2006

The Full Bench exceeded its jurisdiction by substituting a costs order in respect of an insider-dealing inquiry governed by s.26A; the correct remedy for a Tribunal decision founded on wrong principles is quashing and remitting the matter to the Tribunal to reconsider costs under Order 62; therefore the Full Bench's award of costs to the applicant was set aside and the application for costs remitted to the Tribunal.
12 Jun 2006

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT

Citation

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT
Court

Court of Final Appeal
Case number

FACV16/2004

The Court has jurisdiction to order costs in respect of motions taken in pending appeals; s.17 confers wide power to make orders as to costs and s.43 requires taxation only where costs are ordered to be paid generally, not where the Court awards a fixed sum; accordingly the Court may award fixed sum costs without taxation and it was appropriate to order the respondent to pay fixed costs of $39,206 to the Government.
30 Oct 2003

BANK OF CHINA (HONG KONG) LTD v. NEW NONGKAI GLOBAL INVESTMENTS LTD

Citation

BANK OF CHINA (HONG KONG) LTD v. NEW NONGKAI GLOBAL INVESTMENTS LTD
Court

Court of First Instance
Case number

HCA2062/2003

The NNG Receivers were not guilty of misconduct or neglect in bringing and pursuing the Application given the urgency, novelty and reliance on senior counsel; indemnity costs and personal liability were therefore inappropriate. Costs of the Application are payable by the NNG Receivers to the SHL Receivers but to be paid out of NNG assets with a certificate for two counsel. The Court lacks jurisdiction to order NNG to pay costs of an unrelated HCMP proceeding in which they were not a party, and it is wrong to order a paying party to pay the receiving party's own retained legal costs; according…
16 Apr 2002

ELF LUBRICANTS HONG KONG LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "HAI NAN NO. 1" AND THE OWNERS OF THE SHIP OR VESSEL "HE FA"

Citation

ELF LUBRICANTS HONG KONG LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "HAI NAN NO. 1" AND THE OWNERS OF THE SHIP OR VESSEL "HE FA"
Court

Court of Appeal
Case number

CACV1946/2001

Security for costs of the appeals was ordered under O.59 r.10(5) because the appellant is resident outside the jurisdiction and there is no evidence of assets in Hong Kong; the court has no jurisdiction to order security for costs of the proceedings below; appropriate security for both appeals fixed at HK$180,000, payable into court within 21 days, with the appeals stayed until payment and to be dismissed with costs if not paid.

Hong Kong Case Law

EDMUND KUNG CHIU NAM v. THE INSIDER DEALING TRIBUNAL

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT

BANK OF CHINA (HONG KONG) LTD v. NEW NONGKAI GLOBAL INVESTMENTS LTD

ELF LUBRICANTS HONG KONG LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "HAI NAN NO. 1" AND THE OWNERS OF THE SHIP OR VESSEL "HE FA"