Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undue delay and professional misconduct
  • 24 Jul 2025

    HKSAR v. HUI SHUK YEE CHERRY

    Citation
    [2025] HKCA 647
    Court
    Court of Appeal
    Case number
    CACC173/2024

    The Court held the District Court judge erred in law and procedure: the appellant's brief lateness, caused by an Amber rainstorm warning and a traffic accident, did not meet the high statutory threshold of 'seriously improper' conduct or 'undue delay' required for a wasted costs order; the judge also failed to give the appellant a reasonable opportunity to be heard under s.18(2) and failed to consider all relevant circumstances, therefore the wasted costs order was quashed and costs of the appeal awarded to the appellant.