Choi v Park & Anor

Choi v Park & Anor

It was not reasonable for Mr Choi to bring or pursue a claim against Ms Park as the evidence against her was weak and speculative, and there was no indication she was involved in the misrepresentation. Even if it had been reasonable, it would be unjust to order Mr Park to pay Ms Park's costs. Therefore, the application for a Sanderson order is rejected.

Parties
Claimant: Mr Chong Sung Choi; First Defendant: Mr Chan Mok Park; Second Defendant: Ms Sook Kyung Park
Jurisdiction
England and Wales
Judgment Date
28 February 2020
Procedural Posture
Civil / Costs Judgment Following Trial
Outcome
Application for Sanderson order refused; costs apportioned as per general rule.
Legal Topics
Costs, Misrepresentation, Unlawful Means Conspiracy, Sanderson Order
Civil Procedure Contract Law Tort Law Costs Misrepresentation Unlawful Means Conspiracy Sanderson Order

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Parties

Mr Chong Sung Choi

Claimant

Mr Chan Mok Park

First Defendant

Ms Sook Kyung Park

Second Defendant

Procedural Posture

Civil / Costs Judgment Following Trial

Legal Issues

  1. 1 Whether a Sanderson order should be made requiring Mr Park to pay Ms Park's costs
  2. 2 Whether it was reasonable for Mr Choi to bring a claim against Ms Park
  3. 3 Who should bear the costs of the unsuccessful claim against Ms Park

Ratio Decidendi

It was not reasonable for Mr Choi to bring or pursue a claim against Ms Park as the evidence against her was weak and speculative, and there was no indication she was involved in the misrepresentation. Even if it had been reasonable, it would be unjust to order Mr Park to pay Ms Park's costs. Therefore, the application for a Sanderson order is rejected.

Court Disposition

Application for Sanderson order refused; costs apportioned as per general rule.

Orders

  • Money judgment for Mr Choi against Mr Park in the amount of £91,532.52
  • Mr Choi liable for Ms Park’s costs and his own costs of pursuing Ms Park