WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

The court held it was not unjust to impose the consequences of O 22 r 23: respondent's EC sanctioned payment was valid and applicant failed to accept it by the Deadline Date, so costs consequences apply. Costs orders nisi from the Judgment were varied: respondent pays applicant party-and-party costs up to 8 August 2017; after that applicant must pay respondent's costs on an indemnity basis with certificate for counsel and enhanced interest calculated at prime rate plus 4% applied to identified payments. The employer's application to vary interest in the PI Award and to deprive applicant of costs under O 62 r 5 was dismissed. The court exercised discretion to admit only part of the late...

Citation
[2023] HKDC 1253
Parties
Applicant/plaintiff: Wong Kwei Piu; Respondent/defendant: Chow Chi Cheung trading as Sun Lee Co.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 September 2023
Case Number
DCEC1082/2017
Procedural Posture
Employees' Compensation and Personal Injuries Actions / Post Trial Variation Applications and Costs/interest Decision
Outcome
EC Summons: costs orders varied in favour of respondent after 8 August 2017; PI Summons: variation of interest and variation of costs dismissed; partial leave to adduce additional evidence granted; specific costs orders for leave summonses and liberty for Director of Legal Aid to apply for wasted costs.
Legal Topics
Sanctioned Payment (o 22), Set Off Under Employees' Compensation Ordinance S 26, Variation of Costs (o 62), Leave to Adduce Fresh Evidence (ladd V Marshall), Enhanced Interest on Costs, Wasted Costs and Legal Aid Nomination
Source Language
EN
Employees' Compensation Personal Injury Civil Procedure Costs Legal Professional Conduct Sanctioned Payment (o 22) Set Off Under Employees' Compensation Ordinance S 26 Variation of Costs (o 62) +3 more

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Parties

Wong Kwei Piu

Applicant/plaintiff

Chow Chi Cheung trading as Sun Lee Co.

Respondent/defendant

Procedural Posture

Employees' Compensation and Personal Injuries Actions / Post Trial Variation Applications and Costs/interest Decision

Legal Issues

  1. 1 Whether it would be unjust to impose O 22 r 23 consequences for failure to accept an EC sanctioned payment
  2. 2 Whether interest awarded in the PI judgment should be varied to reflect the EC sanctioned payment and Deadline Date
  3. 3 Whether to admit additional late evidence (three affirmations) under Ladd v Marshall tests

Ratio Decidendi

The court held it was not unjust to impose the consequences of O 22 r 23: respondent's EC sanctioned payment was valid and applicant failed to accept it by the Deadline Date, so costs consequences apply. Costs orders nisi from the Judgment were varied: respondent pays applicant party-and-party costs up to 8 August 2017; after that applicant must pay respondent's costs on an indemnity basis with certificate for counsel and enhanced interest calculated at prime rate plus 4% applied to identified payments. The employer's application to vary interest in the PI Award and to deprive applicant of costs under O 62 r 5 was dismissed. The court exercised discretion to admit only part of the late...

Court Disposition

EC Summons: costs orders varied in favour of respondent after 8 August 2017; PI Summons: variation of interest and variation of costs dismissed; partial leave to adduce additional evidence granted; specific costs orders for leave summonses and liberty for Director of Legal Aid to apply for wasted costs.

Orders

  • Respondent to pay applicant's costs on a party and party basis up to and including 8 August 2017 in the EC Action
  • After 8 August 2017 applicant to pay respondent's costs on an indemnity basis (including reserved costs) with certificate for counsel, to be taxed if not agreed