Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Setting aside costs order
  • 10 May 2019

    DING YONG 對 SONG LIHUA及另四人

    Citation
    [2019] HKCA 493
    Court
    Court of Appeal
    Case number
    CAMP163/2018

    The Court of Appeal refused to extend the time to file an appeal because, although the delay was minimal and the explanation acceptable, the proposed grounds of appeal (notably duress) were not pleaded at trial and had no real prospect of success; however the trial judge's costs order of 7 November 2018 was set aside because he was wrong on the jurisdiction point in light of the amended Order 59 r15; the Court of Appeal made its own costs assessment and ordered the first defendant to pay 75% of assessed costs ($67,265) with the assessed total being $89,686, subject to variation within 14 days.