FU SAU TAI, RAYMOND v. WOO KWONG PO AND ANOTHER

FU SAU TAI, RAYMOND v. WOO KWONG PO AND ANOTHER

The court applied Order 22 r23 RDC and held it was not unjust to enforce its consequences: the 1st Plaintiff, who was legally represented and had access to relevant material, failed to accept a HK$75,000 sanctioned payment or seek leave to accept out of time; accordingly the costs order nisi was varied to award party-and-party costs up to 14 October 2021 and indemnity costs from 15 October 2021 with an enhanced interest rate of 3% per annum above judgment rate until 29 May 2025 and judgment rate thereafter; the sanctioned payment to be paid out to defendants.

Citation
[2025] HKDC 1845
Parties
1st Plaintiff: FU SAU TAI, RAYMOND 傅寿泰; 2nd Plaintiff (discontinued): WU XUE PING 伍雪平; 1st Defendant: WOO KWONG PO 胡廣波; 2nd Defendant: CHAN YAU HING, CARMEN 陳有卿
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 October 2025
Case Number
DCCJ5546/2020
Procedural Posture
Civil Action (district Court) / Costs Application to Vary Costs Order Nisi Following Dismissal at Trial
Outcome
Application granted in part; costs order nisi varied in favour of defendants.
Legal Topics
Sanctioned Payment, Enhanced Interest, Indemnity Costs, Acceptance of Offer, Variation of Costs Order
Source Language
EN
Civil Procedure Costs Injunctions Property Damage Sanctioned Payment Enhanced Interest Indemnity Costs Acceptance of Offer +1 more

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Parties

FU SAU TAI, RAYMOND 傅寿泰

1st Plaintiff

WU XUE PING 伍雪平

2nd Plaintiff (discontinued)

WOO KWONG PO 胡廣波

1st Defendant

CHAN YAU HING, CARMEN 陳有卿

2nd Defendant

Procedural Posture

Civil Action (district Court) / Costs Application to Vary Costs Order Nisi Following Dismissal at Trial

Legal Issues

  1. 1 Whether mandatory consequences under Order 22 r23 RDC apply where plaintiff failed to beat a sanctioned payment
  2. 2 Whether it would be unjust to apply indemnity costs and enhanced interest
  3. 3 Whether the plaintiff had adequate information and representation when the sanctioned payment was made

Ratio Decidendi

The court applied Order 22 r23 RDC and held it was not unjust to enforce its consequences: the 1st Plaintiff, who was legally represented and had access to relevant material, failed to accept a HK$75,000 sanctioned payment or seek leave to accept out of time; accordingly the costs order nisi was varied to award party-and-party costs up to 14 October 2021 and indemnity costs from 15 October 2021 with an enhanced interest rate of 3% per annum above judgment rate until 29 May 2025 and judgment rate thereafter; the sanctioned payment to be paid out to defendants.

Court Disposition

Application granted in part; costs order nisi varied in favour of defendants.

Orders

  • 1st Plaintiff shall pay 1st and 2nd Defendants' costs of the action, including all costs reserved, up to and including 14 October 2021, on a party-and-party basis, to be taxed if not agreed
  • 1st Plaintiff shall pay 1st and 2nd Defendants' costs of the action, including all costs reserved, from 15 October 2021 on an indemnity basis with Certificate for Counsel for the trial, to be taxed if not agreed