LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

No special and unusual circumstances were shown: minors alone did not justify common fund costs, legal aid had been granted to all plaintiffs from the outset, and defendants raised legitimate non-frivolous defences; therefore the judge declined to exercise discretion to order costs on a common fund basis and limited amendment to granting a certificate for two counsel.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: Lily Tse Lai Yin; 2nd Plaintiff: Tsui Ho; 3rd Plaintiff: Ng Pak Mui; 4th Plaintiff: Tsui Wai Ngon (by her father and next friend Tsui Siu On); 5th Plaintiff: Chan Min Wah; 6th Plaintiff: Leung Pui Ying (by her father and next friend Leung Tai Fuk); 7th Plaintiff: Tsui Sai Nui (Personal Representative of Mo Yee, deceased); 1st Defendant: The Incorporated Owners of Albert House (also known as The Owner Incorporation of Albert House); 2nd Defendant: Housing Management Agency Limited; 3rd Defendant: Ho Wing Hang; 4th Defendant: New Best Restaurant Limited; 5th Defendant: Aberdeen Winner Investment Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 February 2000
Case Number
HCPI828/1997
Procedural Posture
Personal Injuries Action / Post Trial Costs Application (costs Order Nisi)
Outcome
Application for costs on a common fund basis refused; certificate for two counsel granted; costs of this application to be part of the costs of the action.
Legal Topics
Personal Injury, Common Fund Costs, Costs Order, Infants and Legal Aid
Source Language
EN
Torts Civil Procedure Costs Personal Injury Common Fund Costs Costs Order Infants and Legal Aid

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lily Tse Lai Yin

1st Plaintiff

Tsui Ho

2nd Plaintiff

Ng Pak Mui

3rd Plaintiff

Tsui Wai Ngon (by her father and next friend Tsui Siu On)

4th Plaintiff

Chan Min Wah

5th Plaintiff

Leung Pui Ying (by her father and next friend Leung Tai Fuk)

6th Plaintiff

Tsui Sai Nui (Personal Representative of Mo Yee, deceased)

7th Plaintiff

The Incorporated Owners of Albert House (also known as The Owner Incorporation of Albert House)

1st Defendant

Housing Management Agency Limited

2nd Defendant

Ho Wing Hang

3rd Defendant

New Best Restaurant Limited

4th Defendant

Aberdeen Winner Investment Company Limited

5th Defendant

Procedural Posture

Personal Injuries Action / Post Trial Costs Application (costs Order Nisi)

Legal Issues

  1. 1 Whether costs of the action on liability should be taxed on a common fund basis
  2. 2 Whether a certificate for two counsel should be included in the costs order nisi
  3. 3 Whether the presence of minors and defendants' conduct constituted special and unusual circumstances to justify common fund costs

Ratio Decidendi

No special and unusual circumstances were shown: minors alone did not justify common fund costs, legal aid had been granted to all plaintiffs from the outset, and defendants raised legitimate non-frivolous defences; therefore the judge declined to exercise discretion to order costs on a common fund basis and limited amendment to granting a certificate for two counsel.

Court Disposition

Application for costs on a common fund basis refused; certificate for two counsel granted; costs of this application to be part of the costs of the action.

Orders

  • Application for costs on a common fund basis refused
  • Costs order nisi amended to include a certificate for two counsel