TSE TSZ CHONG v. LAW SZE MAN

TSE TSZ CHONG v. LAW SZE MAN

Because liability was admitted but the severity and duration of the injury and the extent of financial hardship were in serious dispute and lacked objective support, the court concluded there was a substantial risk of overpayment if the requested HK$80,000 were awarded; applying the duty to estimate likely damages and to award a reasonable proportion, the court exercised its discretion to order a conservative interim payment of HK$20,000 and made a costs order nisi against the applicant given the respondent's prior offer.

Citation
TSE TSZ CHONG v. LAW SZE MAN
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 September 2014
Case Number
DCEC619/2014
Procedural Posture
Interim Payment Application Under Order 29 Rules 10 and 11 / Interlocutory (summons for Interim Payment)
Outcome
Interim payment granted in part (HK$20,000); costs order nisi to respondent; applicant's own costs to be taxed under Legal Aid Regulations.
Legal Topics
Interim Payment, Employee Compensation, Liability Admission, Assessment of Damages, Sick Leave Evidence
Source Language
EN
Personal Injury Employment Law Civil Procedure Workers' Compensation Interim Payment Employee Compensation Liability Admission Assessment of Damages +1 more

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Interim Payment Application Under Order 29 Rules 10 and 11 / Interlocutory (summons for Interim Payment)

Legal Issues

  1. 1 Whether applicant entitled to an interim payment notwithstanding assessment of damages outstanding
  2. 2 Appropriate quantum of any interim payment given disputed medical evidence
  3. 3 Whether applicant demonstrated financial hardship warranting the requested sum

Ratio Decidendi

Because liability was admitted but the severity and duration of the injury and the extent of financial hardship were in serious dispute and lacked objective support, the court concluded there was a substantial risk of overpayment if the requested HK$80,000 were awarded; applying the duty to estimate likely damages and to award a reasonable proportion, the court exercised its discretion to order a conservative interim payment of HK$20,000 and made a costs order nisi against the applicant given the respondent's prior offer.

Court Disposition

Interim payment granted in part (HK$20,000); costs order nisi to respondent; applicant's own costs to be taxed under Legal Aid Regulations.

Orders

  • Respondent to pay applicant interim payment of HK$20,000 within 21 days from date of order
  • Costs of this application to respondent, to be taxed if not agreed (order nisi)