Hong Kong Case Law: Decisions & Judgments

Topic

Mediation

Legal area

Court

10 Apr 2026

CHOI LAM FAT LUKE v. CHOI SAU YING JENNY AND ANOTHER

Citation

[2026] HKCFI 2306
Court

Court of First Instance
Case number

HCMP161/2025

Leave was granted because the 2nd Defendant's affirmation legitimately answered new matters in the Plaintiff's reply and updated material events (sale of Hong Pak Court); the Plaintiff had prior sight of a draft and did not demonstrate specific prejudice from the late filing; moreover, the factual disputes about source of funds may require cross-examination and rescheduling regardless, so refusal was not justified. Costs were ordered against the Defendants.
9 Dec 2025

CHOI KING HUNG v. FUNG SHING CHUNG

Citation

[2025] HKCFI 5938
Court

Court of First Instance
Case number

HCSD41/2025

Applicant failed to establish any ground under BR r 48(5): jointly owned properties realistically assignable nil value for Applicant's debt; unsold shares value insufficient; amended SD correctly credited realized proceeds so not overstated; appeal lacked merit to constitute a substantial dispute; mediation is not a basis to set aside. Accordingly the amended statutory demand stands and the application is dismissed with authorization to present a bankruptcy petition after 23 December 2025.
4 Aug 2025

P v. D1 AND ANOTHER

Citation

[2025] HKDC 1337
Court

District Court
Case number

DCCJ811/2020

The Official Solicitor's unexplained delay in lodging proposals was unreasonable given the trial bundle and transcript were provided months earlier and the court's duty to manage cases expeditiously; nevertheless, balancing expedition with fairness a short, specified extension was permitted but subject to strict timetable and consequences; mediation does not require court liberty; formal application procedure is required for extensions.
10 Jun 2025

WLK by MYW her next friend v. CCIW AND OTHERS

Citation

[2025] HKFC 104
Court

Family Court
Case number

FCMP176/2019

The court concluded that R1, R2 and R7 pursued and defended the case in a manner that was unsubstantiated, unreasonable and offensive to the court; they rejected reasonable settlement offers and caused avoidable expense. Given those findings the Costs Order Nisi was varied so that R1, R2 and R7 bear costs on a party-and-party basis up to 28 October 2022 and on an indemnity basis from 29 October 2022; costs of the variation summons ordered to the Applicant on a party-and-party basis and certificate for counsel.
6 Dec 2024

YIU SAU LIN v. WONG TANG

Citation

[2024] HKCFI 3519
Court

Court of First Instance
Case number

HCA397/2023

The court found on the balance of probabilities that the defendant was within the jurisdiction during the relevant period and had knowledge of the Writ and Statement of Claim, rendering service valid and the Default Judgment regular; the court exercised its discretion to set aside the Default Judgment only upon the condition that the defendant pays the full claimed sum into court by a specified deadline, otherwise the Default Judgment stands, and ordered directions for a speedy trial and mediation.
30 Aug 2024

RE AA (aka AA)

Citation

[2024] HKCFI 2268
Court

Court of First Instance
Case number

HCMH76/2023

Both Applicants and VR acted unreasonably in conduct of the litigation; exercising the court's discretion under s.52A(1) the judge declined to order VR to pay Applicants' costs and instead ordered Applicants' costs to be summarily assessed and paid out of AA's estate; the claimed sum was reduced as excessive and assessed at HKD650,000.
17 Jun 2024

WONG SUN KEUNG v. HO CHAU & SONS (HK) ENGINEERING LTD AND ANOTHER

Citation

[2024] HKDC 1045
Court

District Court
Case number

DCEC2381/2023

The court allowed joinder because the applicant only recently discovered the 3rd party's involvement, acted promptly to apply, the 3rd respondent was properly served and did not appear or oppose, and the 1st and 2nd respondents did not object; on that basis the court exercised its discretion to grant leave and make specified case management orders.
30 Apr 2024

CHAN FO TAI v. AGGRESSIVE CONSTURCTION COMPANY LTD AND OTHERS

Citation

[2024] HKDC 674
Court

District Court
Case number

DCEC1515/2022

Relief from sanction granted because respondents demonstrated a reasonable and atypical explanation for non-compliance (reliance on solicitors who entered a consent order and then sought to cease acting, concurrent insurer dispute, proactive conduct including letters to court), the failure was not shown to be intentional, proceedings were at an early stage with no trial date, and the sanction of striking out would be disproportionate; court therefore exercised discretion to relieve respondents and extended time to file Answer with further directions and conditional costs order nisi.
31 May 2023

CHAN WAI CHUNG v. CHINA TRAVEL TOURS TRANSPORTATION DEVELOPMENT (HK) LTD AND ANOTHER

Citation

[2023] HKCFI 1442
Court

Court of First Instance
Case number

HCPI914/2015

Defendants failed to show it would be unjust to apply the statutory consequences of Order 22 r.24; they did not respond to the sanctioned offer, did not pursue leave to accept out of time, and their litigation conduct (withholding witnesses, deficient evidence) justified indemnity costs post‑acceptance date. The court varied the costs order nisi: D2 and D4 to pay plaintiff's costs on party‑and‑party basis up to 1 May 2019 and on indemnity basis from 2 May 2019, and awarded interest on those costs at 5.8%pa from 2 May 2019 to 14 December 2022; costs of the Summons to be taxed party‑and‑party;…
9 Nov 2021

FENN KAR BAK LILY AND OTHERS v. SO SHIU TSUNG THOMAS AND ANOTHER

Citation

[2021] HKDC 1401
Court

District Court
Case number

DCCJ220/2021

The court found the proceedings lacked bona fides and amounted to an abuse of process (oppressive and vexatious); applying established authority the court concluded indemnity costs were warranted and ordered indemnity costs against the Claimants for all applications, to be taxed if not agreed, with certificate for counsel.