Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Litigation misconduct

  • 18 Mar 2020

    ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD

    Citation
    [2020] HKCA 165
    Court
    Court of Appeal
    Case number
    CACV6/2019

    The Court of Appeal held that Angola Camp's fraudulent and misleading conduct regarding the purported settlement justified an indemnity costs order for costs incurred from 3 July 2009 and that costs prior to that date should be paid to the plaintiffs by counterclaim on a party-and-party basis; the trial judge's differing allocation was set aside and the orders proposed by the Bai Jun Camp were made, with a certificate for two counsel.

  • 31 Aug 2012

    TCTE v. SM

    Citation
    TCTE v. SM
    Court
    Court of First Instance
    Case number
    HCMP1080/2012

    The applicant failed to demonstrate a reasonable prospect of success because the judge's findings of exaggerated and partly concocted allegations and consequent exercise of discretion to limit costs were open to the judge and not shown to be legally erroneous; accordingly leave to appeal was refused and the Costs Ruling was upheld.

  • 19 Mar 2008

    "L" v. "C"

    Citation
    "L" v. "C"
    Court
    Court of Appeal
    Case number
    CACV169/2006

    The court varied the costs order nisi and awarded the Husband half the costs of the hearing before Lam J (to be taxed if not agreed), the costs of the appeal (to be taxed if not agreed), and ordered that the costs of the summons be included as costs of the appeal. The reduction of 50% of the trial costs was justified under Elgindata and related authorities because the Husband's success turned substantially on a late change of position/new point on appeal and late disclosures, while the Wife's litigation misconduct mitigated a larger deduction.