TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED v. CHOY CHIU YEE RITA

TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED v. CHOY CHIU YEE RITA

Court held respondent failed to discharge burden to show the actions were frivolous or that special circumstances existed. The claimant's reliance on hearsay and limited contemporaneous documents did not make the claims manifestly misconceived given the evidential context and need to avoid hindsight. However, because the employment claim overlapped substantially and the claimant lost that claim, the court exercised discretion to vary the costs nisi and ordered the claimant to pay 25% of the costs of the consolidated actions with certificate for counsel, taxed party and party if not agreed; no order for costs of the costs application itself.

Citation
[2024] HKDC 1589
Parties
Claimant / Plaintiff: TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED; Respondent / Defendant: CHOY CHIU YEE RITA
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 October 2024
Case Number
DCEO13/2019
Procedural Posture
Consolidated Equal Opportunities (disability Discrimination) and Employment Actions / Post‑trial Costs Application Following Judgment
Outcome
Costs order nisi varied in part: Claimant ordered to pay a portion of respondent's costs; costs of the costs application: no order.
Legal Topics
Disability Discrimination, Costs Orders in Discrimination Proceedings, Frivolous and Malicious Proceedings, Special Circumstances for Costs, Hearsay Evidence, Settlement Offers
Source Language
EN
Discrimination Law Employment Law Civil Procedure Costs Law Disability Discrimination Costs Orders in Discrimination Proceedings Frivolous and Malicious Proceedings Special Circumstances for Costs +2 more

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Parties

TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED

Claimant / Plaintiff

CHOY CHIU YEE RITA

Respondent / Defendant

Procedural Posture

Consolidated Equal Opportunities (disability Discrimination) and Employment Actions / Post‑trial Costs Application Following Judgment

Legal Issues

  1. 1 Whether the proceedings were frivolous or malicious such that costs should be awarded
  2. 2 Whether special circumstances exist to justify departure from the default 'no order as to costs' in discrimination proceedings
  3. 3 Whether the claimant's case was manifestly misconceived and bound to fail

Ratio Decidendi

Court held respondent failed to discharge burden to show the actions were frivolous or that special circumstances existed. The claimant's reliance on hearsay and limited contemporaneous documents did not make the claims manifestly misconceived given the evidential context and need to avoid hindsight. However, because the employment claim overlapped substantially and the claimant lost that claim, the court exercised discretion to vary the costs nisi and ordered the claimant to pay 25% of the costs of the consolidated actions with certificate for counsel, taxed party and party if not agreed; no order for costs of the costs application itself.

Court Disposition

Costs order nisi varied in part: Claimant ordered to pay a portion of respondent's costs; costs of the costs application: no order.

Orders

  • Claimant to pay to the Respondent 25% of the costs of these consolidated actions with certificate for counsel, to be taxed on a party and party basis if not agreed.
  • Claimant's own costs to be taxed in accordance with the Legal Aid Regulations.