MA CHING WANG, a minor by YUNG MEI YUE, lawful and natural mother and next friend v. CHOY YEE LIM AND ANOTHER

MA CHING WANG, a minor by YUNG MEI YUE, lawful and natural mother and next friend v. CHOY YEE LIM AND ANOTHER

The court found unexplained, unjustified and inordinate delays principally caused by the plaintiff's solicitors (with some defendant delay) and refused to vacate a milestone assessment hearing absent exceptional circumstances; the court imposed a costs order for the hearing in the cause (certificate for counsel) and...

Source-derived case information.

Citation
[2021] HKDC 890
Parties
Plaintiff (minor): MA CHING WANG (minor) by YUNG MEI YUE; 1st Defendant: CHOY YEE LIM; 2nd Defendant: POON KIN WO
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 August 2021
Case Number
DCPI2229/2017
Procedural Posture
Personal Injuries Action (district Court) / Case Management and Pre Trial Assessment of Damages (clr Process; Order 80 R11 Approval Pending)
Outcome
Application to vacate the assessment hearing refused; found inordinate delays chiefly caused by plaintiff's solicitors; Order 80 r11 approval application adjourned to another judge; costs for the 12 July 2021 hearing ordered in the cause with certificate for counsel; plaintiff's costs to be taxed under Legal Aid...
Legal Topics
Adjournment, Delay, Sanctions, Assessment of Damages, Settlement Approval (order 80 R11), Milestone Dates (order 25 R3)
Source Language
en
Personal Injury Civil Procedure Costs Legal Aid Case Management Adjournment Delay Sanctions +3 more

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Summary, issues, holding and outcome

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Parties

MA CHING WANG (minor) by YUNG MEI YUE

Plaintiff (minor)

CHOY YEE LIM

1st Defendant

POON KIN WO

2nd Defendant

Procedural Posture

Personal Injuries Action (district Court) / Case Management and Pre Trial Assessment of Damages (clr Process; Order 80 R11 Approval Pending)

Legal Issues

  1. 1 Whether delays and repeated joint adjournments were justified
  2. 2 Which party or legal representatives were responsible for delays
  3. 3 Whether to vacate a milestone assessment hearing and/or approve last-minute settlement procedures

Ratio Decidendi

The court found unexplained, unjustified and inordinate delays principally caused by the plaintiff's solicitors (with some defendant delay) and refused to vacate a milestone assessment hearing absent exceptional circumstances; the court imposed a costs order for the hearing in the cause (certificate for counsel) and directed that stricter case management measures and potential sanctions (including costs disallowance and solicitor personal liability in appropriate cases) will be applied in future PI cases where parties repeatedly seek adjournments without proper written explanations.

Court Disposition

Application to vacate the assessment hearing refused; found inordinate delays chiefly caused by plaintiff's solicitors; Order 80 r11 approval application adjourned to another judge; costs for the 12 July 2021 hearing ordered in the cause with certificate for counsel; plaintiff's costs to be taxed under Legal Aid...

Orders

  • Refused the parties' joint application to vacate the assessment of damages hearing (milestone date under Order 25 r3)
  • Adjourned the Order 80, rule 11 application for approval of infant settlement to another judge in September 2021