LAM HO LUN v. 吳耀文 AND OTHERS

LAM HO LUN v. 吳耀文 AND OTHERS

The intervener had reasonable grounds to seek joinder given potential indemnity liability and available indicia that the 2nd respondent might be employer; subsequent filing by the 2nd respondent denying liability made continued joinder commercially unreasonable, so the intervener was permitted to withdraw. Given that represented parties had not opposed the application and the intervener's position was objectively reasonable, the appropriate costs order is no order as to costs; the applicant's own costs are to be taxed in accordance with the Legal Aid Regulations; the 2nd respondent is not ordered to pay costs.

Citation
LAM HO LUN v. 吳耀文 AND OTHERS
Parties
Applicant: Applicant; 1st Respondent: 1st respondent; 2nd Respondent: 2nd respondent; 3rd Respondent: 3rd respondent; 4th Respondent: 4th respondent; Intervener: Employees Compensation Insurance Residual Scheme Bureau Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 December 2017
Case Number
DCEC535/2017
Procedural Posture
Employees Compensation / Costs Hearing and Interlocutory Joinder Application; Ruling
Outcome
Leave granted to the Intervener to withdraw; no order as to costs; applicant's costs to be taxed in accordance with the Legal Aid Regulations.
Legal Topics
Joinder, Intervention, Costs Orders, Indemnity, Liability Denial
Source Language
EN
Employment Law Insurance Civil Procedure Costs Joinder Intervention Costs Orders Indemnity +1 more

Case Brief

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Parties

Applicant

Applicant

1st respondent

1st Respondent

2nd respondent

2nd Respondent

3rd respondent

3rd Respondent

4th respondent

4th Respondent

Employees Compensation Insurance Residual Scheme Bureau Limited

Intervener

Procedural Posture

Employees Compensation / Costs Hearing and Interlocutory Joinder Application; Ruling

Legal Issues

  1. 1 Whether the insurer (intervener) had reasonable grounds to seek joinder/intervention
  2. 2 Whether the intervener should bear costs on withdrawal of the joinder summons
  3. 3 Whether the 2nd respondent should be ordered to pay costs for causing the application

Ratio Decidendi

The intervener had reasonable grounds to seek joinder given potential indemnity liability and available indicia that the 2nd respondent might be employer; subsequent filing by the 2nd respondent denying liability made continued joinder commercially unreasonable, so the intervener was permitted to withdraw. Given that represented parties had not opposed the application and the intervener's position was objectively reasonable, the appropriate costs order is no order as to costs; the applicant's own costs are to be taxed in accordance with the Legal Aid Regulations; the 2nd respondent is not ordered to pay costs.

Court Disposition

Leave granted to the Intervener to withdraw; no order as to costs; applicant's costs to be taxed in accordance with the Legal Aid Regulations.

Orders

  • Leave to the Intervener to withdraw
  • No order as to costs