FUNG CHUN MAN v. HOSPITAL AUTHORITY AND ANOTHER

FUNG CHUN MAN v. HOSPITAL AUTHORITY AND ANOTHER

The costs order nisi was varied: the plaintiff was ordered to pay the costs of the 1st and 2nd defendants from 1 September 2011 to the date of judgment to be taxed on an indemnity basis; enhanced interest at 9% per annum was awarded to the 2nd defendant on costs and specified disbursements incurred or paid after 31...

Source-derived case information.

Citation
FUNG CHUN MAN v. HOSPITAL AUTHORITY AND ANOTHER
Parties
Plaintiff: Fung Chun Man; 1st Defendant: Hospital Authority; 2nd Defendant: Secretary for Justice for and on behalf of Secretary for Food and Health
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 2012
Case Number
HCPI1113/2006
Procedural Posture
Personal Injuries Action No. 1113 of 2006 / Costs Variation Application Following Judgment
Outcome
Costs order nisi varied in favour of the defendants in part; plaintiff ordered to pay defendants' costs from 1 September 2011 to date of judgment; enhanced interest granted to 2nd defendant on specified items and refused for 1st defendant; plaintiff's own costs to be taxed under Legal Aid Regulations.
Legal Topics
Sanctioned Payment, Offer to Settle, Enhanced Interest on Costs, Legal Aid Taxation, Publicly Funded Defendants
Source Language
en
Personal Injury Civil Procedure Costs and Taxation Sanctioned Payment Offer to Settle Enhanced Interest on Costs Legal Aid Taxation Publicly Funded Defendants

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Parties

Fung Chun Man

Plaintiff

Hospital Authority

1st Defendant

Secretary for Justice for and on behalf of Secretary for Food and Health

2nd Defendant

Procedural Posture

Personal Injuries Action No. 1113 of 2006 / Costs Variation Application Following Judgment

Legal Issues

  1. 1 Whether the plaintiff failed to beat a sanctioned payment of HK$1,750,000 available until 31 August 2011
  2. 2 Whether the plaintiff should be ordered to pay the defendants' costs from 1 September 2011 to the date of judgment and on an indemnity basis
  3. 3 Whether enhanced interest on costs is payable to a publicly funded defendant and from which date interest should run

Ratio Decidendi

The costs order nisi was varied: the plaintiff was ordered to pay the costs of the 1st and 2nd defendants from 1 September 2011 to the date of judgment to be taxed on an indemnity basis; enhanced interest at 9% per annum was awarded to the 2nd defendant on costs and specified disbursements incurred or paid after 31 August 2011 from the dates the work was done or payments made up to judgment; enhanced interest was refused for the 1st defendant because payments were made only after judgment.

Court Disposition

Costs order nisi varied in favour of the defendants in part; plaintiff ordered to pay defendants' costs from 1 September 2011 to date of judgment; enhanced interest granted to 2nd defendant on specified items and refused for 1st defendant; plaintiff's own costs to be taxed under Legal Aid Regulations.

Orders

  • Costs order nisi varied: plaintiff to pay costs of the 1st and 2nd defendants from 1 September 2011 to the date of judgment, including costs of the application, to be taxed on an indemnity basis if not agreed.
  • Declined order for enhanced interest in favour of the 1st defendant (no payments made by 1st defendant until after judgment).