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 to join the 1st defendant given the shared solicitors, minimal additional trial time, the relevance of the deceased's relationship to contributory negligence, and the 1st defendant's status as employer required to carry compulsory insurance; accordingly a Sanderson order was made requiring the 2nd defendant to meet the plaintiffs' costs including those incurred against the 1st defendant and specified interim payments.

Citation
CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD. AND ANOTHER
Parties
1st Plaintiff (administratrix of the Estate of Leung Hoi Sung, Deceased): Chan King Wan; 1st Plaintiff (administratrix of the Estate of Leung Hoi Sung, Deceased): Yip Siu Yin; 2nd Plaintiff (administratrix of the Estate of Leung Kit Chuen, Deceased): Poon Chung Kam; 2nd Plaintiff (administratrix of the Estate of Leung Kit Chuen, Deceased): Ng Wai Ling; 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
HCPI1269/1996
Procedural Posture
Personal Injuries Action / Judgment on Sanderson Order (costs)
Outcome
Sanderson order made in favour of the plaintiffs against the 2nd defendant; costs and interim payments ordered.
Legal Topics
Sanderson Order, Contributory Negligence, Employer Liability, Compulsory Insurance, Interim Payment
Source Language
EN
Civil Personal Injury Employment Costs and Litigation Funding Sanderson Order Contributory Negligence Employer Liability Compulsory Insurance +1 more

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Parties

Chan King Wan

1st Plaintiff (administratrix of the Estate of Leung Hoi Sung, Deceased)

Yip Siu Yin

1st Plaintiff (administratrix of the Estate of Leung Hoi Sung, Deceased)

Poon Chung Kam

2nd Plaintiff (administratrix of the Estate of Leung Kit Chuen, Deceased)

Ng Wai Ling

2nd Plaintiff (administratrix of the Estate of Leung Kit Chuen, Deceased)

Honest Scaffold General Contractor Company Limited

1st Defendant

Kai Tai Construction and Engineering Company Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment on Sanderson Order (costs)

Legal Issues

  1. 1 Whether it was reasonable in all the circumstances to join the 1st defendant
  2. 2 Whether the plaintiffs knew all factual circumstances before commencement so joinder was unreasonable
  3. 3 Whether liability of the 1st defendant was so clear as to be unarguable

Ratio Decidendi

It was reasonable to join the 1st defendant given the shared solicitors, minimal additional trial time, the relevance of the deceased's relationship to contributory negligence, and the 1st defendant's status as employer required to carry compulsory insurance; accordingly a Sanderson order was made requiring the 2nd defendant to meet the plaintiffs' costs including those incurred against the 1st defendant and specified interim payments.

Court Disposition

Sanderson order made in favour of the plaintiffs against the 2nd defendant; costs and interim payments ordered.

Orders

  • (i) 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.
  • (ii) 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, subject...