Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Payment-in under o.22
  • 25 Jun 2009

    CHAN LAI YING AND OTHERS v. LEE LIM AND ANOTHER

    Citation
    CHAN LAI YING AND OTHERS v. LEE LIM AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1413/2005

    The application to vary the costs order nisi was dismissed. The court found the defendants' payment-in (including interest) did not beat the plaintiff's net judgment sum and the defendant's attempt to rely on speculative assumptions about the plaintiff's costs or on the proportionality principle was impermissible or inapplicable. The court held the existing apportionment (depriving the plaintiff of 1/3 of her costs) fairly reflected the plaintiff's partial failure on counterclaims and the plaintiff's conduct did not justify further reduction; accordingly the costs order nisi was made absolute…