CHEUNG HOI YAN EMILY 對 金裝燉奶佬(集團)控股有限公司

CHEUNG HOI YAN EMILY 對 金裝燉奶佬(集團)控股有限公司

Court varied the interim costs order: costs up to and including 25 March 2020 to be assessed on party-and-party (ordinary) basis; costs from 26 March 2020 to 24 October 2022 to be assessed on the compensatory/indemnity basis because defendant's Part 22 offer and Part 22 payment were genuine and fair given the...

Source-derived case information.

Citation
[2022] HKDC 1418
Parties
Applicant: CHEUNG HOI YAN EMILY; Respondent: DANIEL’S GROUP HOLDINGS LIMITED（金裝燉奶佬(集團)控股有限公司）
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 December 2022
Case Number
DCEC1912/2019
Procedural Posture
Employees' Compensation (work Injury) / Post Judgment Costs Variation Application
Outcome
Interim costs order of 24 October 2022 varied as set out below; partial relief granted to respondent, interest awards limited and carefully circumscribed; summons costs order made against applicant.
Legal Topics
Workers' Compensation, Settlement Offers (part 22), Costs Assessment Basis, Interest on Costs, Legal Aid
Source Language
ch
Employment Law Personal Injury Civil Procedure Costs Law Workers' Compensation Settlement Offers (part 22) Costs Assessment Basis Interest on Costs +1 more

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Parties

CHEUNG HOI YAN EMILY

Applicant

DANIEL’S GROUP HOLDINGS LIMITED（金裝燉奶佬(集團)控股有限公司）

Respondent

Procedural Posture

Employees' Compensation (work Injury) / Post Judgment Costs Variation Application

Legal Issues

  1. 1 Whether defendant’s Part 22 without-prejudice settlement offer and Part 22 payment entitle defendant to costs on the indemnity/compensation basis from 26 March 2020
  2. 2 Whether claimant must pay interest on costs and at what rate given defendant or insurer had not actually paid costs in the key period
  3. 3 How costs attributable to periods when claimant was on legal aid should be assessed

Ratio Decidendi

Court varied the interim costs order: costs up to and including 25 March 2020 to be assessed on party-and-party (ordinary) basis; costs from 26 March 2020 to 24 October 2022 to be assessed on the compensatory/indemnity basis because defendant's Part 22 offer and Part 22 payment were genuine and fair given the evidence available to the applicant in 2020; overall uplifted interest on costs across the board was refused because defendant and/or its insurer had not actually paid costs in the key period, but interest at judgment rate plus 2% p.a. was awarded on three specific outlays paid by defendant on their actual payment dates to 24 October 2022; applicant to pay 75% of the costs of the...

Court Disposition

Interim costs order of 24 October 2022 varied as set out below; partial relief granted to respondent, interest awards limited and carefully circumscribed; summons costs order made against applicant.

Orders

  • The court varies its 24 October 2022 interim costs order: (a)(i) costs up to and including 25 March 2020 to be assessed on party-and-party basis; (a)(ii) costs from 26 March 2020 to 24 October 2022 to be assessed on the compensatory/indemnity basis; (b) applicant to pay interest on three specified payments to 24...
  • For this summons (7 Nov 2022) interim costs: applicant to pay 75% of the respondent’s costs of this summons including the hearing; costs to be assessed by the court if parties cannot agree; no costs order between respondent and the Legal Aid Department; if no written objection within 14 days the interim costs orders...