D v. S AND ANOTHER

D v. S AND ANOTHER

The court held that 'special circumstances' under s.73B(3) are not limited to litigation conduct and may include pre‑ and post‑proceedings conduct; where respondents engage in oppressive conduct and delay or obstruct settlement (here to protect a defendant's criminal trial) and the underlying conduct is unlawful and supported by overwhelming evidence, the court may depart from the no‑costs rule and award costs against respondents, including indemnity costs with a counsel certificate.

Citation
D v. S AND ANOTHER
Parties
Claimant: D; Plaintiff: FD; 1st Respondent: Shek Kwok-Ngai; 2nd Respondent: 2nd Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 April 2017
Case Number
DCEO3/2016
Procedural Posture
Sex Discrimination Ordinance Claim Consolidated With Related Common Law Tort Action / Costs Hearing After Settlement and Consent Judgment on Liability and Quantum
Outcome
Respondents ordered to pay claimant's costs of the consolidated proceedings on an indemnity basis with a counsel certificate, to be taxed if not agreed; prior consent judgment terms (including payment and apology) remained effective.
Legal Topics
Costs, Indemnity Costs, Sexual Harassment, Victimisation, Limitation Period, Consent Judgment
Source Language
EN
Sex Discrimination Employment Law Tort Civil Procedure Criminal Law (referenced) Costs Indemnity Costs Sexual Harassment +3 more

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Parties

D

Claimant

FD

Plaintiff

Shek Kwok-Ngai

1st Respondent

2nd Respondent

2nd Respondent

Procedural Posture

Sex Discrimination Ordinance Claim Consolidated With Related Common Law Tort Action / Costs Hearing After Settlement and Consent Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether the no‑costs default in s.73B(3) of the District Court Ordinance applies or special circumstances exist to award costs
  2. 2 Whether 'special circumstances' are limited to litigation conduct or include pre‑ and post‑litigation conduct
  3. 3 Whether indemnity costs with counsel's certificate are appropriate given the respondents' conduct

Ratio Decidendi

The court held that 'special circumstances' under s.73B(3) are not limited to litigation conduct and may include pre‑ and post‑proceedings conduct; where respondents engage in oppressive conduct and delay or obstruct settlement (here to protect a defendant's criminal trial) and the underlying conduct is unlawful and supported by overwhelming evidence, the court may depart from the no‑costs rule and award costs against respondents, including indemnity costs with a counsel certificate.

Court Disposition

Respondents ordered to pay claimant's costs of the consolidated proceedings on an indemnity basis with a counsel certificate, to be taxed if not agreed; prior consent judgment terms (including payment and apology) remained effective.

Orders

  • Respondents to pay claimant costs of the consolidated proceedings, including costs of the costs hearing, on indemnity basis with certificate for counsel, to be taxed if not agreed
  • Consent judgment previously entered: respondents to pay claimant HK$210,000 in full and final settlement on or before 16 January 2017