Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Settlement and without prejudice offers

Legal area

Court

11 May 2022

HADEN, FRANCIS WILLIAM v. LEIGHTON CONTRACTORS (ASIA) LTD

Citation

[2022] HKDC 423
Court

District Court
Case number

DCEO16/2018

Objectively assessed against the material available before commencement, the claimant's race discrimination claim was plainly without foundation and bound to fail (frivolous), justifying an adverse costs order; however there was insufficient evidence of improper motive so the claim was not malicious, and although some conduct justified adverse costs from the date of a realistic offer, the circumstances did not warrant indemnity costs.
23 Nov 2018

WO CHUN WAH v. CHAU KWEI YIN AND OTHERS

Citation

[2018] HKCA 789
Court

Court of Appeal
Case number

CACV271/2017

The Court dismissed the plaintiff's appeal and upheld the trial judge's discretionary order of no order as to costs between the plaintiff and the Board because the judge lawfully exercised his discretion under Order 62 r5 by considering the Board's legitimate filtering/public interest role, the plaintiff's exaggerated claim and the Board's litigation conduct; there was no error of principle warranting interference. The Court reaffirmed that jurisdiction to award costs against the Board exists (as held in Jiang Zhong) but did not need to decide the respondent's renewed jurisdictional challenge…