FD v. SHEK KWOK NGAI

FD v. SHEK KWOK NGAI

Special circumstances under s.73B(3)(b) are not confined to litigation conduct; the court must assess pre‑ and post‑proceedings conduct and the nature of the underlying wrongdoing. The respondents' oppressive conduct (sexual assault, forced resignation, refusal to permit settlement, tactical protection of criminal trial) amounted to special circumstances and justified an award of costs against them on an indemnity basis with a certificate for counsel.

Citation
FD v. SHEK KWOK NGAI
Parties
Claimant: D; Plaintiff: FD; 1st Respondent / Defendant (husband): Shek Kwok-Ngai; 2nd Respondent: 2nd Respondent (Wife)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 April 2017
Case Number
DCCJ4600/2016
Procedural Posture
Proceedings Under Sex Discrimination Ordinance (cap 480) and Related Common Law Tort (sexual Assault/harassment) / Costs Hearing Following Consolidation, Settlement on Liability and Quantum; Determination of Costs (post‑settlement)
Outcome
Costs awarded to claimant: respondents ordered to pay costs of the consolidated proceedings on an indemnity basis with a certificate for counsel, to be taxed if not agreed.
Legal Topics
Sexual Harassment, Victimization, Costs Orders, Indemnity Costs, Limitation, Consent Judgment
Source Language
EN
Sex Discrimination Law Employment Law Civil Procedure (costs) Criminal Law (context) Sexual Harassment Victimization Costs Orders Indemnity Costs +2 more

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Parties

D

Claimant

FD

Plaintiff

Shek Kwok-Ngai

1st Respondent / Defendant (husband)

2nd Respondent (Wife)

2nd Respondent

Procedural Posture

Proceedings Under Sex Discrimination Ordinance (cap 480) and Related Common Law Tort (sexual Assault/harassment) / Costs Hearing Following Consolidation, Settlement on Liability and Quantum; Determination of Costs (post‑settlement)

Legal Issues

  1. 1 Whether the default no‑costs rule under s.73B(3) District Court Ordinance applies
  2. 2 Whether 'special circumstances' under s.73B(3)(b) are confined to litigation conduct or include pre‑ and post‑litigation conduct
  3. 3 Whether indemnity costs with certificate for counsel are justified given the respondents' conduct

Ratio Decidendi

Special circumstances under s.73B(3)(b) are not confined to litigation conduct; the court must assess pre‑ and post‑proceedings conduct and the nature of the underlying wrongdoing. The respondents' oppressive conduct (sexual assault, forced resignation, refusal to permit settlement, tactical protection of criminal trial) amounted to special circumstances and justified an award of costs against them on an indemnity basis with a certificate for counsel.

Court Disposition

Costs awarded to claimant: respondents ordered to pay costs of the consolidated proceedings on an indemnity basis with a certificate for counsel, to be taxed if not agreed.

Orders

  • Respondents to pay claimant's costs of the consolidated proceedings (including costs of this hearing) on indemnity basis with certificate for counsel
  • Costs to be taxed if not agreed