Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Procedural conduct

  • 27 Sept 1999

    TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

    Citation
    TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
    Court
    Court of Appeal
    Case number
    CACV292/1998

    The Court exercised its discretion to refuse a costs order to the successful respondent because the respondent had acquiesced in the course taken by the trial judge and failed to appeal the original judgment, thereby encouraging the appeals; the respondent's success resulted from the Court's view of the trial judgment rather than from the respondent's own arguments, making it appropriate in these exceptional circumstances to make no order as to costs.

  • 27 Sept 1999

    TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

    Citation
    TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
    Court
    Court of Appeal
    Case number
    CACV340/1998

    The court exercised its discretion not to follow the ordinary rule because the Housing Authority had acquiesced and failed to appeal the original judgment, thereby encouraging the appeals, and its success was due to this court's view of the judge's original judgment rather than the Authority's own arguments, so no order as to costs was appropriate.

  • 27 Sept 1999

    TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

    Citation
    TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
    Court
    Court of Appeal
    Case number
    CACV282/1998

    The court declined to order costs for the respondent because the respondent's prior acquiescence and failure to appeal the original judgment had materially encouraged the appellants to bring these appeals; the respondent's success on appeal derived from the court's view of the judge's original judgment rather than from the respondent's arguments, and in these exceptional circumstances the appropriate order was that there be no order as to costs.