Hong Kong Case Law: Decisions & Judgments

Topic

Variation of nisi costs order

Legal area

Court

3 Nov 2020

TAM CHOI LING 對 KIDSWORLD INTERNATIONAL LTD

Citation

[2020] HKDC 897
Court

District Court
Case number

DCPI2773/2018

Plaintiff unreasonably refused multiple payments on terms despite having sufficient information; plaintiff failed to obtain a better result than the payments; accordingly it is not unjust to invoke Order 22 r 23(4) and to award defendant indemnity costs from 21 August 2014, with specified enhanced interest for payments made between 21 August 2014 and 5 July 2016, and to allocate liability for costs during the legal aid period to the Director of Legal Aid.
14 Mar 2016

LEE SAI NAM v. LI SHU CHUNG AND ANOTHER

Citation

LEE SAI NAM v. LI SHU CHUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA1711/2009

Indemnity costs were refused because, on the facts, the claimant’s conduct did not amount to the requisite affront to the court or abuse of process beyond ordinary hostile litigation and credibility findings; certification for three counsel was refused but two counsel certified as reasonable; the nisi costs order was varied to grant certificate for two counsel and, subject to that, made absolute; Ken and Joseph’s belated attempt to vary was out of time and their request was rejected, and they were ordered to pay the costs of the variation applications to be taxed if not agreed.
22 Dec 2015

TOPPING CHANCE DEVELOPMENT LTD v. CCIF CPA LTD formerly known as CHARLES CHAN, IP & FUNG CPA LTD

Citation

TOPPING CHANCE DEVELOPMENT LTD v. CCIF CPA LTD formerly known as CHARLES CHAN, IP & FUNG CPA LTD
Court

Court of First Instance
Case number

HCA1609/2012

The court refused to vary the nisi costs order as sought by TCD, allowed CCIF's amendment to its variation summons, varied the nisi order only to make the costs of and occasioned by TCD's Summons to amend the Writ to be to CCIF in any event, awarded CCIF 20% of the costs of its amended summons, dismissed the remainder of CCIF's variation application, dismissed TCD's variation application with costs to CCIF, and granted CCIF leave to appeal limited to the locus/Longyu issue (Ground 1) with costs of the leave apportioned 60% to TCD and 40% in the cause; costs to be taxed with certificate for co…

Hong Kong Case Law

TAM CHOI LING 對 KIDSWORLD INTERNATIONAL LTD

LEE SAI NAM v. LI SHU CHUNG AND ANOTHER

TOPPING CHANCE DEVELOPMENT LTD v. CCIF CPA LTD formerly known as CHARLES CHAN, IP & FUNG CPA LTD