LAM CHING HON v. LAM YU SHUI AND ANOTHER

LAM CHING HON v. LAM YU SHUI AND ANOTHER

The costs of the summons are ordered as costs in the cause; consequential costs are not awarded and each party must pay their own costs because the summons was arguably premature, its eventual outcome would be speculative and there was insufficient basis to penalise either party with consequential costs.

Citation
LAM CHING HON v. LAM YU SHUI AND ANOTHER
Parties
Applicant: Applicant; Respondent: Respondents
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 May 2006
Case Number
DCEC370/2005
Procedural Posture
Employees Compensation Ordinance Summons Under Section 10 and Order 29 Rule 10 / Costs Determination After Settlement
Outcome
Costs of the summons to be costs in the cause; consequential costs to be borne by each party
Legal Topics
Employees Compensation Ordinance Section 10, Interim Payments, Periodical Payments, Restoration of Summons, Costs in the Cause
Source Language
EN
Employment Law Civil Procedure Costs Law District Court Practice Employees Compensation Ordinance Section 10 Interim Payments Periodical Payments Restoration of Summons +1 more

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Parties

Applicant

Applicant

Respondents

Respondent

Procedural Posture

Employees Compensation Ordinance Summons Under Section 10 and Order 29 Rule 10 / Costs Determination After Settlement

Legal Issues

  1. 1 Whether the inter partes summons was premature or properly brought as interlocutory or final
  2. 2 Whether the costs of the summons should be ordered as costs in the cause
  3. 3 Whether consequential costs should be awarded or each party should bear their own costs

Ratio Decidendi

The costs of the summons are ordered as costs in the cause; consequential costs are not awarded and each party must pay their own costs because the summons was arguably premature, its eventual outcome would be speculative and there was insufficient basis to penalise either party with consequential costs.

Court Disposition

Costs of the summons to be costs in the cause; consequential costs to be borne by each party

Orders

  • Costs of the summons are costs in the cause.
  • Each party shall pay their own costs, including the costs of any resumed hearing if there had been one.