CHING CHUEN KAM 對 LUI TING POR t/a POR KEE ENGINEERING CO 及另二人

CHING CHUEN KAM 對 LUI TING POR t/a POR KEE ENGINEERING CO 及另二人

The court granted the respondents' application to vary the interim costs order under Order 22 rule 23(4), holding that because respondents made early conditional payments totalling HK$106,000 which the applicant failed to accept and the applicant did not obtain a better result on those heads, it was appropriate and not unjust to order the applicant to pay respondents' costs on indemnity basis for the period after 28 August 2016, to order enhanced interest at 9% on two specified disbursements for specified periods, to order immediate payment of the HK$106,000 lodged to the respondents' solicitors, and to order the applicant to pay the costs of the application (taxed if not agreed).

Citation
[2020] HKDC 741
Parties
Applicant: CHING CHUEN KAM; 1st Respondent: LUI TING POR trading as POR KEE ENGINEERING CO; 2nd Respondent: TIEN SHAN ENGINEERING LIMITED; 3rd Respondent: PAT DAVIE LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 September 2020
Case Number
DCEC1343/2013
Procedural Posture
Employees' Compensation Claim / Application to Vary Interim Costs Order (post Quantum Judgment Costs Application)
Outcome
Application to vary interim costs order granted in part.
Legal Topics
Employees' Compensation Ordinance, Costs Orders Under Order 22 Rule 23, Interest on Costs, Conditional Payments Without Leave, Legal Aid Cancellation
Source Language
CH
Employment Law Personal Injury Civil Procedure Costs Employees' Compensation Ordinance Costs Orders Under Order 22 Rule 23 Interest on Costs Conditional Payments Without Leave +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

CHING CHUEN KAM

Applicant

LUI TING POR trading as POR KEE ENGINEERING CO

1st Respondent

TIEN SHAN ENGINEERING LIMITED

2nd Respondent

PAT DAVIE LIMITED

3rd Respondent

Procedural Posture

Employees' Compensation Claim / Application to Vary Interim Costs Order (post Quantum Judgment Costs Application)

Legal Issues

  1. 1 Whether the 2019-10-21 order precluded the respondents' pending summons to vary the interim costs order
  2. 2 Whether the interim costs order should be varied under Order 22 rule 23 to require the applicant to pay respondents' costs for the period after legal aid cancellation (from 28/29 Aug 2016) on indemnity basis
  3. 3 Whether enhanced interest should be awarded on particular disbursements and at what rate

Ratio Decidendi

The court granted the respondents' application to vary the interim costs order under Order 22 rule 23(4), holding that because respondents made early conditional payments totalling HK$106,000 which the applicant failed to accept and the applicant did not obtain a better result on those heads, it was appropriate and not unjust to order the applicant to pay respondents' costs on indemnity basis for the period after 28 August 2016, to order enhanced interest at 9% on two specified disbursements for specified periods, to order immediate payment of the HK$106,000 lodged to the respondents' solicitors, and to order the applicant to pay the costs of the application (taxed if not agreed).

Court Disposition

Application to vary interim costs order granted in part.

Orders

  • Applicant to pay the 1st, 2nd and 3rd Respondents' costs of the action on quantum from 29 August 2016 (described in the order as from 28 August 2016) on indemnity basis; such costs to include counsel's certificate and reserved costs and to be taxed if not agreed
  • Enhanced interest at 9% (1% over the judgment rate) to be paid by the applicant on: (a) Dr Lee Po Chin's Invoice No.12-201 in the sum of HK$18,000 for the period 29 August 2016 to 9 February 2018 and (b) counsel Ho's fees in the sum of HK$40,000 for the period 5 February 2018 to 9 February 2018, subject to...