CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD. AND ANOTHER

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD. AND ANOTHER

It was reasonable in all the circumstances to join the 1st defendant (given common solicitors, the relevance of the employment relationship to contributory negligence and the 1st defendant's compulsory insurance), and therefore a Sanderson order was made requiring the 2nd defendant to pay the plaintiffs' entire costs, with specified interim payments.

Citation
CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD. AND ANOTHER
Parties
1st Plaintiff: CHAN KING WAN and YIP SIU YIN (administratrices of the estate of LEUNG HOI SUNG, deceased); 2nd Plaintiff: POON CHUNG KAM and NG WAI LING (administratrices of the estate of LEUNG KIT CHUEN, deceased); 1st Defendant: HONEST SCAFFOLD GENERAL CONTRACTOR COMPANY LIMITED; 2nd Defendant: KAI TAI CONSTRUCTION AND ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2000
Case Number
HCPI1267/1996
Procedural Posture
Personal Injuries Action / Costs Application (sanderson Order) / Judgment
Outcome
Sanderson order granted against the 2nd defendant
Legal Topics
Sanderson Order, Interim Payment, Contributory Negligence, Joinder of Defendant, Compulsory Insurance
Source Language
EN
Civil Personal Injury Costs Sanderson Order Interim Payment Contributory Negligence Joinder of Defendant Compulsory Insurance

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Parties

CHAN KING WAN and YIP SIU YIN (administratrices of the estate of LEUNG HOI SUNG, deceased)

1st Plaintiff

POON CHUNG KAM and NG WAI LING (administratrices of the estate of LEUNG KIT CHUEN, deceased)

2nd Plaintiff

HONEST SCAFFOLD GENERAL CONTRACTOR COMPANY LIMITED

1st Defendant

KAI TAI CONSTRUCTION AND ENGINEERING COMPANY LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action / Costs Application (sanderson Order) / Judgment

Legal Issues

  1. 1 Whether it was reasonable for the plaintiffs to join the 1st defendant such that a Sanderson order should be made
  2. 2 Whether the 2nd defendant should be ordered to pay the plaintiffs' entire costs including costs incurred against the 1st defendant
  3. 3 Whether interim payments should be made out of amounts paid into court

Ratio Decidendi

It was reasonable in all the circumstances to join the 1st defendant (given common solicitors, the relevance of the employment relationship to contributory negligence and the 1st defendant's compulsory insurance), and therefore a Sanderson order was made requiring the 2nd defendant to pay the plaintiffs' entire costs, with specified interim payments.

Court Disposition

Sanderson order granted against the 2nd defendant

Orders

  • The 2nd defendant pay to the 1st and 2nd plaintiffs their entire costs of the actions, including all costs ordered to be in the cause and the costs incurred against the 1st defendant from the commencement of the action up to the date of the first payment into court.
  • The 2nd defendant pay to the 1st and 2nd plaintiffs their entire costs of the actions, including all costs ordered to be in the cause and the costs incurred against the 1st defendant from the date of the first payment into court up to the date of the interlocutory judgments, to be taxed if not agreed; provided that...