BUSHRA BIBI AND OTHERS v. METHOD BUILDING & ENGINEERING WORKS LIMITED (in liquidation) AND OTHERS

BUSHRA BIBI AND OTHERS v. METHOD BUILDING & ENGINEERING WORKS LIMITED (in liquidation) AND OTHERS

The court ordered the 1st and 2nd defendants to pay Madam Calinog's pre-trial costs on the issue of liability to be taxed on a common fund basis subject to disallowance of unnecessary duplication, and, in the exceptional circumstances (substantial pre-trial work by Mr Burke, his assistance at trial and Madam Calinog's substantial interest), ordered the 1st and 2nd defendants to pay the costs of Mr Burke attending the liability trial on a watching brief and the costs of the application, to be taxed on a party and party basis; Madam Calinog's own costs to be taxed under the Legal Aid Regulations.

Citation
BUSHRA BIBI AND OTHERS v. METHOD BUILDING & ENGINEERING WORKS LIMITED (in liquidation) AND OTHERS
Parties
Plaintiff (co Administrator): Bushra Bibi; Plaintiff (co Administrator): Nabela Qoser; 1st Defendant: Method Building & Engineering Works Limited (in liquidation); 2nd Defendant: Leighton Contractors (Asia) Limited; 3rd Defendant: Safewell Gondola (HK) Limited; Dependants/applicant: Madam Calinog
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 March 2015
Case Number
HCPI301/2012
Procedural Posture
Personal Injuries Action (fatal Accidents) / Costs Decision Following Liability Trial and Interim Applications
Outcome
1st and 2nd defendants ordered to pay specified costs to Madam Calinog as set out in the decision.
Legal Topics
Costs of Litigation, Watching Brief, Conduct of Proceedings, Specific Discovery, Taxation of Costs, Common Fund Basis, Party and Party Costs
Source Language
EN
Civil Procedure Costs Personal Injury Fatal Accidents Law Costs of Litigation Watching Brief Conduct of Proceedings Specific Discovery +3 more

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Parties

Bushra Bibi

Plaintiff (co Administrator)

Nabela Qoser

Plaintiff (co Administrator)

Method Building & Engineering Works Limited (in liquidation)

1st Defendant

Leighton Contractors (Asia) Limited

2nd Defendant

Safewell Gondola (HK) Limited

3rd Defendant

Madam Calinog

Dependants/applicant

Procedural Posture

Personal Injuries Action (fatal Accidents) / Costs Decision Following Liability Trial and Interim Applications

Legal Issues

  1. 1 Whether 1st and 2nd defendants must pay pre-trial costs incurred by Madam Calinog on a common fund basis
  2. 2 Whether 1st and 2nd defendants must pay the costs of Mr Burke attending the one-day liability trial on a watching brief
  3. 3 Whether the court's invitation to attend constitutes 'very good reason' to order costs of a second solicitor at trial

Ratio Decidendi

The court ordered the 1st and 2nd defendants to pay Madam Calinog's pre-trial costs on the issue of liability to be taxed on a common fund basis subject to disallowance of unnecessary duplication, and, in the exceptional circumstances (substantial pre-trial work by Mr Burke, his assistance at trial and Madam Calinog's substantial interest), ordered the 1st and 2nd defendants to pay the costs of Mr Burke attending the liability trial on a watching brief and the costs of the application, to be taxed on a party and party basis; Madam Calinog's own costs to be taxed under the Legal Aid Regulations.

Court Disposition

1st and 2nd defendants ordered to pay specified costs to Madam Calinog as set out in the decision.

Orders

  • 1st and 2nd defendants to pay the pre-trial costs incurred by Madam Calinog on the issue of liability, to be taxed on a common fund basis subject to disallowance for unnecessary duplication.
  • 1st and 2nd defendants to pay the costs of Mr Burke attending the one-day liability trial on a watching brief and the costs of this application, to be taxed on a party and party basis.