SHING HO WA, A MENTALLY INCAPACITATED PERSON BY HIS MOTHER AND NEXT FRIEND, LAM WAI FONG v. REALLY SUPER LTD (FORMERLY KNOWN AS BRUCE LAW STUNTS LTD) CREATIVE ENT LTD AND ANOTHER

SHING HO WA, A MENTALLY INCAPACITATED PERSON BY HIS MOTHER AND NEXT FRIEND, LAM WAI FONG v. REALLY SUPER LTD (FORMERLY KNOWN AS BRUCE LAW STUNTS LTD) CREATIVE ENT LTD AND ANOTHER

The court exercised its discretion under the District Court Ordinance and rules, found the intervener's joinder premature and unnecessary, determined there was no reason to depart from the ordinary rule that costs follow the event, and therefore made the costs order nisi absolute ordering the intervener to pay the applicant's costs on a common fund basis.

Citation
SHING HO WA, A MENTALLY INCAPACITATED PERSON BY HIS MOTHER AND NEXT FRIEND, LAM WAI FONG v. REALLY SUPER LTD (FORMERLY KNOWN AS BRUCE LAW STUNTS LTD) CREATIVE ENT LTD AND ANOTHER
Parties
Applicant: Applicant; 1st Respondent: 1st Respondent; 2nd Respondent: 2nd Respondent; Intended Intervener: CHUBB INSURANCE HONG KONG LIMITED (formerly ACE INSURANCE LIMITED)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 February 2017
Case Number
DCEC2437/2015
Procedural Posture
Interlocutory Summons to Vary Costs Order Nisi and Joinder Application / Summons to Vary Costs Order Nisi After Dismissal of Joinder Summons; Decision on Costs
Outcome
Summons dismissed; costs order nisi made absolute
Legal Topics
Joinder, Intervener, Costs Orders, Employees Compensation Ordinance, Undertaking to Notify, Default Judgment
Source Language
EN
Civil Procedure Insurance Employment Law Costs Law Joinder Intervener Costs Orders Employees Compensation Ordinance +2 more

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Parties

Applicant

Applicant

1st Respondent

1st Respondent

2nd Respondent

2nd Respondent

CHUBB INSURANCE HONG KONG LIMITED (formerly ACE INSURANCE LIMITED)

Intended Intervener

Procedural Posture

Interlocutory Summons to Vary Costs Order Nisi and Joinder Application / Summons to Vary Costs Order Nisi After Dismissal of Joinder Summons; Decision on Costs

Legal Issues

  1. 1 Whether the costs order nisi made after dismissal of the joinder summons should be varied to make no order as to costs
  2. 2 Whether the intervener should have been joined as having an interest to be protected as if employer
  3. 3 Whether an undertaking to notify the intervener if the 2nd respondent fails to defend alters costs liability

Ratio Decidendi

The court exercised its discretion under the District Court Ordinance and rules, found the intervener's joinder premature and unnecessary, determined there was no reason to depart from the ordinary rule that costs follow the event, and therefore made the costs order nisi absolute ordering the intervener to pay the applicant's costs on a common fund basis.

Court Disposition

Summons dismissed; costs order nisi made absolute

Orders

  • Intervener to pay applicant costs of and incidental to the summons on a common fund basis, to be taxed if not agreed and with certificate for counsel
  • Applicant's own costs to be taxed in accordance with Legal Aid Regulations