Hong Kong Case Law: Decisions & Judgments

Topic

Order nisi

Legal area

Court

29 Sept 2025

TAPBO ENVIRONMENTAL LTD v. HONG KONG RIVER ENGINEERING COMPANY LTD

Citation

[2025] HKCFI 4537
Court

Court of First Instance
Case number

HCA611/2023

HKR failed to discharge the burden to justify departing from the general rule that costs follow the event; O.62 r.10 did not apply because there was no discontinuance without leave but an undertaking tied to an O.14A determination which saved trial time; the alleged wasted costs were insufficiently discrete or demonstrated to justify apportioning costs or awarding indemnity; accordingly the Costs Order Nisi is made absolute and neither party is entitled to costs of the summonses.
13 Aug 2025

Y, S v. GI, GG

Citation

[2025] HKCFI 3633
Court

Court of First Instance
Case number

HCCT117/2024

The court held that paragraph 2 of the Security Order did not preclude the court from exercising jurisdiction to order summary assessment of the costs of the Originating Summons; the costs provision could be regarded as an order nisi and, in any event, because the costs order had not been drawn up the court was not functus and could order summary assessment; the Plaintiffs were given 14 days to file objections to the 1st Defendant's Statement of Costs; no further costs order was made on the Costs Summons.
19 May 2025

TECHTERYX LTD v. LEGACY TRUST COMPANY LTD AND OTHERS

Citation

[2025] HKCFI 2056
Court

Court of First Instance
Case number

HCA1906/2023

Because at the conclusion of the hearing the court had not heard submissions on costs and had indicated costs would be dealt with in the written reasons, the costs order in the Reasons for Decision was to be treated as an order nisi and therefore the court could entertain the Variation application; the 24/2 Costs Order was varied to provide for the costs of the action (including costs of and occasioned by the stay summons) to be paid by the Plaintiff to the 5th Defendant forthwith on an indemnity basis with Certificate for 2 Counsel, taxed if not agreed, and the costs of the Variation applica…
10 Apr 2025

GHAZI FAIDI v. QANTEX CAPITAL MARKETS LTD AND OTHERS

Citation

[2025] HKCA 342
Court

Court of Appeal
Case number

CACV296/2023

Retrospective leave to apply to vary the costs order was granted; the sanctioned offer made below could be taken into account for the appeal costs but did not entitle the plaintiff to invoke Order 22 for indemnity costs on appeal; because the defendants succeeded on an important issue the court refused to vary the costs order to indemnity costs and instead ordered party-and-party costs awarded to the plaintiff on summary assessment in the sum of HK$261,840; costs of the application to vary are ordered nisi to follow the event and be assessed summarily.
20 Feb 2025

WOO KWOK PING v. THE INCORPORATED MANAGEMENT COMMITTEE OF TSUEN WAN TRADE ASSOCIATION PRIMARY SCHOOL

Citation

[2025] HKCA 168
Court

Court of Appeal
Case number

CACV282/2023

The court refused to vary the order nisi except for two limited adjustments: costs of the application to the judge for leave to appeal shall exclude costs relating to the factual challenge (Ground 3), and the plaintiff's own costs during legal aid periods are to be taxed under the Legal Aid Regulations; otherwise the defendant must pay the plaintiff the costs of the appeal (including leave applications) and 60% of the plaintiff's costs of the action and counterclaim as ordered, and the defendant must pay the costs of the summons.
12 Nov 2024

THE INCORPORATED TRUSTEES OF THE SISTERS OF THE IMMACULATE HEART OF MARY v. 曹琳 AND ANOTHER

Citation

[2024] HKCFI 3146
Court

Court of First Instance
Case number

HCMP2233/2020

The application to vary the Order Nisi was dismissed because D1's counter-offer was not a sanctioned offer, was vague and did not address costs, Legal Aid status alone does not justify departing from Order 62 r 5(1)(d), and having dismissed D1's counterclaim the original apportionment (P to pay 80% of costs) was fair and appropriate; therefore no variation of the Order Nisi was warranted.
4 Sept 2024

SINOSTATE ENTERPRISES LTD AND OTHERS v. KINGS PARADISE LTD AND OTHERS

Citation

[2024] HKCA 851
Court

Court of Appeal
Case number

CAMP139/2024

Leave to appeal was refused for the 2nd defendant and the 3rd to 5th defendants; the Court ordered that those defendants pay the plaintiffs' costs of the application and, on summary assessment, assessed the plaintiffs' costs at $34,360 against the 2nd defendant and $33,429 against the 3rd to 5th defendants (the 3rd to 5th defendants having failed to lodge timely objections).
4 Sept 2024

SINOSTATE ENTERPRISES LTD AND OTHERS v. KINGS PARADISE LTD AND OTHERS

Citation

[2024] HKCA 851
Court

Court of Appeal
Case number

CAMP140/2024

Leave to appeal was refused for the 2nd defendant and the 3rd to 5th defendants; the Court made an order nisi that those defendants pay the plaintiffs' costs of the application and directed summary assessment, resulting in assessed costs of HKD 34,360 against the 2nd defendant and HKD 33,429 against the 3rd to 5th defendants.
22 Jul 2024

TO YUNG SING HERMAN v. SZETO CHAK MEI AND OTHERS

Citation

[2024] HKCFI 1897
Court

Court of First Instance
Case number

HCMP2741/2016

Although Plaintiff was overall successful in the assessment, he lost key, substantial issues (valuation date and redevelopment basis) that materially increased the length and cost of the assessment; the court may apportion costs for issues lost even where overall success obtained, and on that basis the Order Nisi reducing Plaintiff's costs entitlement to 50% was appropriate and will not be varied; Plaintiff's summons is dismissed and he must pay the costs of the summons.
2 Nov 2023

FOREVER PROPERTY FINANCE COMPANY LTD v. CHAN HEI KWAN HELENA AND ANOTHER

Citation

[2023] HKCFI 2783
Court

Court of First Instance
Case number

HCA505/2021

The defendant's alleged medical conditions do not amount to a valid ground to vary or omit the costs order nisi where she lost both actions; the application to vary the Order Nisi is dismissed and the Order Nisi is made absolute.