CHAN PING-YUEN AND ANOTHER v. HENG HING HONG HONGKONG LTD AND ANOTHER

CHAN PING-YUEN AND ANOTHER v. HENG HING HONG HONGKONG LTD AND ANOTHER

The application was dismissed because the omission did not clearly manifest an accidental clerical slip reflecting the court's intention; the record suggested no certificate was granted and a judge who did not hear the original trial could not infer the original court's intention to amend the order under the slip rule.

Citation
CHAN PING-YUEN AND ANOTHER v. HENG HING HONG HONGKONG LTD AND ANOTHER
Parties
Plaintiffs: CHAN Ping-yuen and NG Kuen-fung administrators of the estate of CHAN Chi-ming infant deceased; 1st Defendant: Heng Hing Hong Hongkong Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 September 1970
Case Number
DCCJ4815/1969
Procedural Posture
Civil (district Court) / Application Under Order 20 Rule 11 to Amend Judgment (slip Rule) Following Taxation/costs Decision
Outcome
Application dismissed with costs.
Legal Topics
Slip Rule, Certificate for Counsel, Clerical Mistake, Amendment of Judgment, Taxation of Counsel's Fees
Source Language
EN
Civil Procedure Costs Slip Rule Certificate for Counsel Clerical Mistake Amendment of Judgment Taxation of Counsel's Fees

Case Brief

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Parties

CHAN Ping-yuen and NG Kuen-fung administrators of the estate of CHAN Chi-ming infant deceased

Plaintiffs

Heng Hing Hong Hongkong Limited

1st Defendant

Procedural Posture

Civil (district Court) / Application Under Order 20 Rule 11 to Amend Judgment (slip Rule) Following Taxation/costs Decision

Legal Issues

  1. 1 Whether the judgment can be amended to add a 'Certificate for Counsel' under Order 20 Rule 11
  2. 2 Whether the omission was a clerical slip reflecting the court's manifest intention or an actual judicial decision
  3. 3 Whether a judge other than the original judge can infer and give effect to the original court's intention

Ratio Decidendi

The application was dismissed because the omission did not clearly manifest an accidental clerical slip reflecting the court's intention; the record suggested no certificate was granted and a judge who did not hear the original trial could not infer the original court's intention to amend the order under the slip rule.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.
  • No amendment to the judgment to add 'Certificate for Counsel'