TARIQ AQASH v. ROTH & SONS ESTATES MANAGEMENT LTD AND ANOTHER

TARIQ AQASH v. ROTH & SONS ESTATES MANAGEMENT LTD AND ANOTHER

TP Proceedings dismissed; costs of TP Proceedings awarded to TP and to be borne by Ds on party and party basis because the separability principle applied and Ds failed to demonstrate exceptional circumstances to deprive TP of costs; Ps ordered to pay Ds' costs of the main actions on an indemnity basis due to dubious claims and plaintiffs' conduct.

Citation
[2023] HKDC 1000
Parties
1st Plaintiff: Cheung Yuen Lan (on behalf of herself and other dependents of Abdul Wahed, deceased); 2nd Plaintiff: Tariq Aqash; 1st Defendant: Roth & Sons Estates Management Limited; 2nd Defendant: The Incorporated Owners of Yau Fook Building; Third Party: Rich Mark Engineering Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 August 2023
Case Number
DCPI841/2016
Procedural Posture
Personal Injuries (consolidated) / Post Dismissal Costs Applications
Outcome
Main Actions dismissed; Third party proceedings dismissed; detailed costs orders made
Legal Topics
Costs Orders, Third Party Joinder, Dismissal Vs Discontinuance, Indemnity Costs, Separability Principle, Impecuniosity
Source Language
EN
Personal Injury Civil Procedure Costs Third Party Proceedings Occupiers' Liability Negligence Costs Orders Third Party Joinder +4 more

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Parties

Cheung Yuen Lan (on behalf of herself and other dependents of Abdul Wahed, deceased)

1st Plaintiff

Tariq Aqash

2nd Plaintiff

Roth & Sons Estates Management Limited

1st Defendant

The Incorporated Owners of Yau Fook Building

2nd Defendant

Rich Mark Engineering Limited

Third Party

Procedural Posture

Personal Injuries (consolidated) / Post Dismissal Costs Applications

Legal Issues

  1. 1 Whether third party proceedings should be dismissed or discontinued following dismissal of main actions
  2. 2 Which party should bear costs of the third party proceedings
  3. 3 Whether exceptional circumstances exist to depart from the general rule that costs follow the event

Ratio Decidendi

TP Proceedings dismissed; costs of TP Proceedings awarded to TP and to be borne by Ds on party and party basis because the separability principle applied and Ds failed to demonstrate exceptional circumstances to deprive TP of costs; Ps ordered to pay Ds' costs of the main actions on an indemnity basis due to dubious claims and plaintiffs' conduct.

Court Disposition

Main Actions dismissed; Third party proceedings dismissed; detailed costs orders made

Orders

  • TP Proceedings dismissed upon dismissal of the Main Actions against Ds
  • Ds to pay TP's costs of both corresponding TP Proceedings on a party and party basis, taxed if not agreed, with certificate for counsel