Hong Kong Case Law: Decisions & Judgments

Topic

Summary assessment on paper

Legal area

Court

31 Jan 2024

鍾凱研 v. THE GENERAL OF THE SALVATION ARMY

Citation

[2024] HKCFI 355
Court

Court of First Instance
Case number

HCAL302/2023

Leave to apply for judicial review dismissed; exceptional circumstances existed to depart from the general rule against ordering costs at the leave stage because the challenge was to private-law employment decisions plainly not amenable to review, contemporaneous documents (largely provided by the respondent) showed core allegations were baseless, alternative remedies existed, the applicant effectively had a full merits consideration, and resources were diverted to the unmeritorious challenge; accordingly the Applicant must bear the respondent's costs, subject to summary assessment on paper.
3 Apr 2019

QANTEX CAPITAL MARKETS LTD v. NANAKO YABE

Citation

[2019] HKCFI 880
Court

Court of First Instance
Case number

HCA757/2018

Because the defendants' affirmations and draft defences raised clear triable factual issues intertwined with questions of construction, summary judgment and Order 14A determination were inappropriate; the plaintiff proceeded recklessly after those materials were filed and must bear the costs consequences, so the costs order nisi was varied to award indemnity costs for the period after 30 July 2018, refuse a certificate for two counsel and direct summary assessment on paper with a timetable for filing and objections.
3 Apr 2019

QANTEX CAPITAL MARKETS LTD v. VITIELLO THOMAS XAVIER

Citation

[2019] HKCFI 880
Court

Court of First Instance
Case number

HCA755/2018

Because triable factual issues were clearly raised after the employees filed affirmations in opposition, the plaintiff unreasonably continued the summary judgment/determination application; therefore the order nisi was varied so that the employees' costs of the Summons incurred after 30 July 2018 are payable by the plaintiff on an indemnity basis, the certificate for counsel remains for one counsel only, and the employees' costs are to be summarily assessed on paper.
3 Apr 2019

QANTEX CAPITAL MARKETS LTD v. GUEGAN VIANNEY ERIC

Citation

[2019] HKCFI 880
Court

Court of First Instance
Case number

HCA753/2018

The court dismissed the plaintiff's summary judgment/determination application due to clear triable factual issues and ruled that because the plaintiff continued the application after being aware of those issues, the plaintiff must pay the defendants' costs of the Summons incurred after 30 July 2018 on an indemnity basis; the court refused a certificate for two counsel, granted one counsel only, and ordered the defendants' costs to be summarily assessed on paper with procedural directions for filing statements of costs.

Hong Kong Case Law

鍾凱研 v. THE GENERAL OF THE SALVATION ARMY

QANTEX CAPITAL MARKETS LTD v. NANAKO YABE

QANTEX CAPITAL MARKETS LTD v. VITIELLO THOMAS XAVIER

QANTEX CAPITAL MARKETS LTD v. GUEGAN VIANNEY ERIC