Hong Kong Case Law: Decisions & Judgments

Topic

Orders as to costs

Legal area

Court

22 Feb 2023

ANDREW KO KAO aka KAO ANDREW KAO v. OLDHAM, LI & NIE, SOLICITORS (A FIRM)

Citation

[2023] HKCFI 553
Court

Court of First Instance
Case number

HCMP2129/2021

Although more than one-sixth of the Bill of Costs was taxed off, the court exercised its discretion under s.67(5)(b) LPO and found special circumstances (plaintiff's cavalier rejection of a substantial sanctioned offer and conduct increasing costs) that justified refusing the plaintiff taxation costs; simultaneously the defendant's belated sanctioned offer and apparent inflation of the bill negated awarding further relief to the defendant; accordingly both summonses were dismissed, the Costs Order Nisi made absolute, no order as to costs of either summons, and the defendant entitled to costs…
20 Nov 2019

NG WAI LANG v. LEUNG CHI SING AND ANOTHER

Citation

[2019] HKCFI 2875
Court

Court of First Instance
Case number

HCA2238/2018

Because the defendant had been adjudicated bankrupt and the trustees' position on costs and conduct of proceedings was directly relevant, the court would not make an order as to costs without the trustees' input; having received the trustees' written consent, the court granted leave to the plaintiff to withdraw the summons with no order as to costs and issued directions to file and serve a sealed order and notify the trustees and defendant.
11 Oct 2013

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV94/2012

The Court held that PEWC should receive indemnity costs against Hu and Top Selection because their appeals persisted in maintaining a dishonest/fabricated case of the Takeover Arrangement and thus the appeals were out of the norm; the certificate for four counsel on appeal was appropriate and not varied; Ma should have no order as to costs in HCCL 16/2009 and HCCL 18/2009 because, on the facts and available evidence, it was reasonable for PEWC to have sued him albeit the claims failed on appeal; the judge's original order that Hu and Top Selection pay 70% of PEWC's costs of proceedings agains…
19 Dec 2005

PARK AVENUE TOYS LTD v. CANDY NOVELTY WORKS LTD

Citation

PARK AVENUE TOYS LTD v. CANDY NOVELTY WORKS LTD
Court

Court of Appeal
Case number

CACV158/2005

Because the plaintiff had agreed and a consent order was made to have $600,000 paid into court and the existing bank guarantee had lapsed or should have lapsed by reason of the trial judge's costs order, the defendant was not entitled to any further security for costs on this appeal; the court therefore declined to order additional security and directed the $600,000 to remain in court.
28 Jul 2000

THE TIAN SHENG NO.8 (OWNERS OF THE SHIP) v. OWNERS OF CARGO

Citation

THE TIAN SHENG NO.8 (OWNERS OF THE SHIP) v. OWNERS OF CARGO
Court

Court of Final Appeal
Case number

FACV6/2000

The Court exercised its discretion and determined that, on the particular facts and written submissions in this appeal, the just and proper outcome is that each party bears its own costs here and in the courts below.

Hong Kong Case Law

ANDREW KO KAO aka KAO ANDREW KAO v. OLDHAM, LI & NIE, SOLICITORS (A FIRM)

NG WAI LANG v. LEUNG CHI SING AND ANOTHER

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS

PARK AVENUE TOYS LTD v. CANDY NOVELTY WORKS LTD

THE TIAN SHENG NO.8 (OWNERS OF THE SHIP) v. OWNERS OF CARGO