WAI CHUN INCORPORATION LTD AND ANOTHER V. 羅民基

WAI CHUN INCORPORATION LTD AND ANOTHER V. 羅民基

Plaintiffs were overall successful in recovering quantified damages for the 2nd Car; the defendant did not make a valid formal admission under Order 13A and acted inconsistently with any admission; it was not unreasonable to bring and pursue the claims in District Court; there were no exceptional circumstances to displace the normal rule that costs follow the event and no basis for indemnity costs; accordingly defendant must pay plaintiffs' costs to be taxed on a party-and-party basis on the District Court scale with certificate for counsel.

Citation
WAI CHUN INCORPORATION LTD AND ANOTHER V. 羅民基
Parties
Plaintiff: 1st plaintiff; Plaintiff: 2nd plaintiff; Defendant: defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 November 2015
Case Number
DCCJ1980/2012
Procedural Posture
District Court Civil Claim / Judgment
Outcome
Defendant ordered to pay the plaintiffs' costs of the action and of the application, to be taxed on a party-and-party basis on the District Court scale with certificate for counsel; indemnity costs refused; Small Claims scale not applied; no Order 13A admission effect found.
Legal Topics
Costs Orders, Indemnity Costs, Party and Party Costs, Small Claims Tribunal Jurisdiction, Admissions Under Order 13 a, Duty of Care, Bailment, Nominal Damages
Source Language
EN
Civil Litigation Costs Tort (negligence) Contract/bailment Costs Orders Indemnity Costs Party and Party Costs Small Claims Tribunal Jurisdiction +4 more

Case Brief

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Parties

1st plaintiff

Plaintiff

2nd plaintiff

Plaintiff

defendant

Defendant

Procedural Posture

District Court Civil Claim / Judgment

Legal Issues

  1. 1 Who is the successful party for costs purposes
  2. 2 Whether costs should follow the event or be displaced
  3. 3 Whether defendant made a valid admission under Order 13A

Ratio Decidendi

Plaintiffs were overall successful in recovering quantified damages for the 2nd Car; the defendant did not make a valid formal admission under Order 13A and acted inconsistently with any admission; it was not unreasonable to bring and pursue the claims in District Court; there were no exceptional circumstances to displace the normal rule that costs follow the event and no basis for indemnity costs; accordingly defendant must pay plaintiffs' costs to be taxed on a party-and-party basis on the District Court scale with certificate for counsel.

Court Disposition

Defendant ordered to pay the plaintiffs' costs of the action and of the application, to be taxed on a party-and-party basis on the District Court scale with certificate for counsel; indemnity costs refused; Small Claims scale not applied; no Order 13A admission effect found.

Orders

  • Defendant to pay plaintiffs the costs of the action and the costs of this application; if not agreed, costs to be taxed on a party-and-party basis on the scale of the District Court with certificate for counsel.
  • Claim for costs on an indemnity basis dismissed.