賴容 對 醫院管理局

賴容 對 醫院管理局

Order 22 r 23 applied because defendant had lodged conditional payments exceeding the award and the plaintiff unreasonably refused them; therefore the court must make orders under r 23(2)-(4). The court ordered the plaintiff to pay the defendant’s costs for period 3 (22/4/2015–26/8/2015) assessed on an indemnity basis and to pay interest at 9% per annum on defendant’s disbursements of HK$355,800 from 20/7/2015 to the judgment date, with costs to be assessed on the High Court scale if not agreed.

Citation
賴容 對 醫院管理局
Parties
原告人: 賴容; 被告人: 醫院管理局
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 2016
Case Number
HCPI219/2013
Procedural Posture
Personal Injury (civil) / Interlocutory Application to Vary Interim Costs Order After Judgment
Outcome
Defendant's summons granted in part; court made orders under Order 22 r 23 and found plaintiff liable for defendant's costs for period 3 and interest on specified disbursements
Legal Topics
Order 22 Rule 23 Offers and Payments, Costs Consequences of Refused Offers, Interest on Costs, Assessment on Indemnity (彌償) Basis
Source Language
CH
Civil Procedure Costs Personal Injury Settlement Law Order 22 Rule 23 Offers and Payments Costs Consequences of Refused Offers Interest on Costs Assessment on Indemnity (彌償) Basis

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Parties

賴容

原告人

醫院管理局

被告人

Procedural Posture

Personal Injury (civil) / Interlocutory Application to Vary Interim Costs Order After Judgment

Legal Issues

  1. 1 Whether Order 22 r 23 applied so that court must make orders under r 23(2)-(4) unless unjust
  2. 2 Whether plaintiff unreasonably refused conditional payments and therefore liable for defendant's costs for the period after last date acceptance could be made
  3. 3 Whether defendant entitled to interest on its disbursements and at what rate and period are such interest payable

Ratio Decidendi

Order 22 r 23 applied because defendant had lodged conditional payments exceeding the award and the plaintiff unreasonably refused them; therefore the court must make orders under r 23(2)-(4). The court ordered the plaintiff to pay the defendant’s costs for period 3 (22/4/2015–26/8/2015) assessed on an indemnity basis and to pay interest at 9% per annum on defendant’s disbursements of HK$355,800 from 20/7/2015 to the judgment date, with costs to be assessed on the High Court scale if not agreed.

Court Disposition

Defendant's summons granted in part; court made orders under Order 22 r 23 and found plaintiff liable for defendant's costs for period 3 and interest on specified disbursements

Orders

  • Approve summons paragraphs 1,2,3,4 and 6 (as applied)
  • Order that plaintiff pays defendant's costs for period 3 (22/4/2015–26/8/2015) to be assessed on an indemnity (彌償) basis on the High Court scale