Hong Kong Case Law: Decisions & Judgments

Topic

Solicitor-and-own-client costs

Legal area

Court

26 Feb 2026

DEUTSCHE BANK AKTIENGESELLSCHAFT ALSO KNOWN AS DEUTSCHE BANK AG ACTING THROUGH ITS SINGAPORE BRANCH v. LAM YEE CHUN

Citation

[2026] HKCFI 910
Court

Court of First Instance
Case number

HCA2072/2024

Certificates for two counsel were granted because the complications and consequences justified two counsel; Mr Lam’s application to reduce solicitor-and-own-client costs failed because the guarantee provided for such costs and his conduct (including lack of credibility) warranted the award; Orient Profit’s attempt to cap its costs liability to mortgage proceeds failed because contractual terms cannot fetter the court’s discretion and would create moral hazard; costs are to follow the event and be taxed and assessed by the master in the usual way, with no summary assessment of the variation ap…
26 Feb 2026

DEUTSCHE BANK AKTIENGESELLSCHAFT ALSO KNOWN AS DEUTSCHE BANK AG ACTING THROUGH ITS SINGAPORE BRANCH v. ORIENT PROFIT INVESTMENT LTD AND ANOTHER

Citation

[2026] HKCFI 910
Court

Court of First Instance
Case number

HCMP734/2024

The court upheld the solicitor-and-own-client costs order against Mr Lam on the basis of the guarantee's contractual provision and the court's adverse findings about his credibility; granted certificates for two counsel in both actions because of complexity and consequences; rejected Orient Profit's argument to cap its costs liability to mortgage proceeds because the court's discretion cannot be fettered by the Second Mortgage and because Orient Profit's defence lacked merit; and held that costs (including those of the variation applications) are to be taxed and assessed by the master rather…
21 Jun 2003

PLUS LUCKY LTD v. CHIN YUK LUN FRANCIS AND ANOTHER

Citation

PLUS LUCKY LTD v. CHIN YUK LUN FRANCIS AND ANOTHER
Court

Court of Appeal
Case number

CACV382/2002

The majority held the Court of Appeal had jurisdiction under Order 62 r 8 because Ma acted as solicitor in the proceedings (issued the writ, drafted pleadings, acted for two months and testified) and her conduct in initiating and continuing a contrived, unmeritorious action amounted to misconduct in the course of the proceedings that wasted costs; accordingly an order for solicitor-and-own-client costs (subject to specified exclusions and taxation and credit for recoveries) and indemnity costs for the show-cause summons was justified. The court dismissed the appeal except for limited variatio…
12 Mar 1997

CHEKIANG FIRST BANK LTD. v. FONG SIU KIN and Another

Citation

CHEKIANG FIRST BANK LTD. v. FONG SIU KIN and Another
Court

Court of Appeal
Case number

CACV242/1996

Appeal dismissed: appellant failed to prove actual undue influence or to establish facts giving rise to a presumption of undue influence against the bank; no evidence that the bank knew or ought to have known of any undue influence by the customer; consequently the mortgage stood and the court properly awarded costs on a solicitor-and-own-client basis in exercise of its s52A discretion consistent with contractual clause and authority.

Hong Kong Case Law

DEUTSCHE BANK AKTIENGESELLSCHAFT ALSO KNOWN AS DEUTSCHE BANK AG ACTING THROUGH ITS SINGAPORE BRANCH v. LAM YEE CHUN

DEUTSCHE BANK AKTIENGESELLSCHAFT ALSO KNOWN AS DEUTSCHE BANK AG ACTING THROUGH ITS SINGAPORE BRANCH v. ORIENT PROFIT INVESTMENT LTD AND ANOTHER

PLUS LUCKY LTD v. CHIN YUK LUN FRANCIS AND ANOTHER

CHEKIANG FIRST BANK LTD. v. FONG SIU KIN and Another