X V. MELVYN KAI FAN LAI LEIGH & ORGANGE LIMITED

X V. MELVYN KAI FAN LAI LEIGH & ORGANGE LIMITED

The court refused to vary the costs order nisi. It held that the claimant's case was not frivolous or malicious nor were there special circumstances justifying an award of costs against her. Section 73B(3) of the District Court Ordinance applies and, having found the respondents had not complied with Order 22 for sanctioned offers and the evidence did not support adverse inferences from EOC withdrawal, the costs order nisi was made absolute so each party bears its own costs.

Citation
[2019] HKDC 122
Parties
Claimant: X; 1st Respondent: MELVYN KAI FAN LAI; 2nd Respondent: LEIGH & ORGANGE LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 January 2019
Case Number
DCEO4/2016
Procedural Posture
Equal Opportunities Action (sex Discrimination) / Application to Vary Costs Order Nisi; Judgment on Costs
Outcome
Application to vary costs order nisi dismissed; costs order nisi confirmed as absolute
Legal Topics
Costs Orders, Section 73 B District Court Ordinance, Order 22 Offers (sanctioned Payments), Limitation/time Bar, EOC Legal Assistance, Settlement Offers
Source Language
EN
Employment Law Discrimination Law Sexual Harassment Civil Procedure (costs) Costs Orders Section 73 B District Court Ordinance Order 22 Offers (sanctioned Payments) Limitation/time Bar +2 more

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Parties

X

Claimant

MELVYN KAI FAN LAI

1st Respondent

LEIGH & ORGANGE LIMITED

2nd Respondent

Procedural Posture

Equal Opportunities Action (sex Discrimination) / Application to Vary Costs Order Nisi; Judgment on Costs

Legal Issues

  1. 1 Whether the costs order nisi should be varied to award costs against the claimant
  2. 2 Whether the claimant's proceedings were frivolous or malicious under s73B(3) DCO
  3. 3 Whether special circumstances existed to justify a costs order

Ratio Decidendi

The court refused to vary the costs order nisi. It held that the claimant's case was not frivolous or malicious nor were there special circumstances justifying an award of costs against her. Section 73B(3) of the District Court Ordinance applies and, having found the respondents had not complied with Order 22 for sanctioned offers and the evidence did not support adverse inferences from EOC withdrawal, the costs order nisi was made absolute so each party bears its own costs.

Court Disposition

Application to vary costs order nisi dismissed; costs order nisi confirmed as absolute

Orders

  • Costs order nisi made absolute: each party shall bear its own costs
  • Application by 1st respondent to vary costs dismissed