CAI GUOPING v. YIM HOK WING AND OTHERS

CAI GUOPING v. YIM HOK WING AND OTHERS

Because the assessed damages were less than the employees' compensation received by the plaintiff the defendants are to be treated as the successful parties and entitled to costs; party and party costs are awarded up to the expiry of the sanctioned payment offer period and indemnity costs from 17 December 2014; enhanced interest at 9% per annum is awarded on the half mediation fee of HKD9000 from 13 January 2015 to judgment; costs of the application to vary the order nisi are awarded to the defendants on an indemnity basis; plaintiff's own costs to be taxed under the Legal Aid Regulations.

Citation
CAI GUOPING v. YIM HOK WING AND OTHERS
Parties
Plaintiff: CAI GUOPING; 1st Defendant: YIM HOK WING (嚴學榮); 2nd Defendant: MAY’S ASIA LIMITED; 3rd Defendant: HIP HING CONSTRUCTION COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2015
Case Number
HCPI494/2013
Procedural Posture
Personal Injuries (hcpi 494/2013) / Decision on Costs Following Judgment and Assessment of Contributory Negligence
Outcome
Costs awarded to defendants in part; specified enhanced interest and indemnity costs granted; suppression of publication until further order.
Legal Topics
Costs Orders, Indemnity Costs, Sanctioned Offer and Sanctioned Payment, Enhanced Interest on Disbursements, Set Off by Employees' Compensation, Publication Suppression Pending Appeal
Source Language
EN
Personal Injury Civil Procedure Costs Employment Compensation Contract/negligence Costs Orders Indemnity Costs Sanctioned Offer and Sanctioned Payment +3 more

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Parties

CAI GUOPING

Plaintiff

YIM HOK WING (嚴學榮)

1st Defendant

MAY’S ASIA LIMITED

2nd Defendant

HIP HING CONSTRUCTION COMPANY LIMITED

3rd Defendant

Procedural Posture

Personal Injuries (hcpi 494/2013) / Decision on Costs Following Judgment and Assessment of Contributory Negligence

Legal Issues

  1. 1 Whether defendants are the successful party for costs where assessed damages are less than employees' compensation received by the plaintiff
  2. 2 Appropriate period and basis (party and party v indemnity) for awarding costs
  3. 3 Whether indemnity costs and enhanced interest should be awarded under Order 22 r 23(5)-(6) Rules of the High Court

Ratio Decidendi

Because the assessed damages were less than the employees' compensation received by the plaintiff the defendants are to be treated as the successful parties and entitled to costs; party and party costs are awarded up to the expiry of the sanctioned payment offer period and indemnity costs from 17 December 2014; enhanced interest at 9% per annum is awarded on the half mediation fee of HKD9000 from 13 January 2015 to judgment; costs of the application to vary the order nisi are awarded to the defendants on an indemnity basis; plaintiff's own costs to be taxed under the Legal Aid Regulations.

Court Disposition

Costs awarded to defendants in part; specified enhanced interest and indemnity costs granted; suppression of publication until further order.

Orders

  • The plaintiff pay the defendants' costs of this action, including any costs reserved up to 16 December 2014, on a party and party basis, to be taxed if not agreed, in accordance with the High Court scale with interest thereon at judgment rate from the date of judgment until payment.
  • The plaintiff pay the defendants' costs of this action, including any costs reserved, from 17 December 2014 up to the date of this Order on an indemnity basis to be taxed if not agreed, in accordance with the High Court scale with interest thereon at judgment rate from the date of judgment until payment.