GURUNG DEVCHANDRA v. PACIFIC CONSTRUCTION (HK) CO LTD AND OTHERS

GURUNG DEVCHANDRA v. PACIFIC CONSTRUCTION (HK) CO LTD AND OTHERS

The judge accepted the parties had agreed the interest terms and declined to vary the costs order nisi because the defendants had available evidence before making sanctioned payments and could have increased the last sanctioned payment; the margin by which the judgment exceeded sanctioned payments was small but the established rule favours the plaintiff recovering costs where he recovers more than sanctioned payments, and on these facts the court would not deprive the plaintiff of costs.

Citation
GURUNG DEVCHANDRA v. PACIFIC CONSTRUCTION (HK) CO LTD AND OTHERS
Parties
Plaintiff: GURUNG DEVCHANDRA; 1st Defendant: PACIFIC CONSTRUCTION (HK) CO LIMITED; 2nd Defendant: MAEDA CORPORATION; HITACHI ZOSEN CORPORATION; YOKOGA WA BRIDGE HOLDINGS CORP trading as MAEDAHITACHIYOKOGA WAHSIN CHONG JOINT VENTURE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 2014
Case Number
HCPI138/2011
Procedural Posture
Personal Injuries Action / Post Judgment Summons to Amend Judgment on Interest and Vary Costs Order Nisi (heard in Chambers)
Outcome
Summons dismissed
Legal Topics
Costs Orders, Sanctioned Payments, Interest on Awards, De Minimis Rule, Post Judgment Variation, Party Conduct and Costs
Source Language
EN
Civil Procedure Personal Injury Costs and Taxation Judgment Interest Costs Orders Sanctioned Payments Interest on Awards De Minimis Rule +2 more

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Parties

GURUNG DEVCHANDRA

Plaintiff

PACIFIC CONSTRUCTION (HK) CO LIMITED

1st Defendant

MAEDA CORPORATION; HITACHI ZOSEN CORPORATION; YOKOGA WA BRIDGE HOLDINGS CORP trading as MAEDAHITACHIYOKOGA WAHSIN CHONG JOINT VENTURE

2nd Defendant

Procedural Posture

Personal Injuries Action / Post Judgment Summons to Amend Judgment on Interest and Vary Costs Order Nisi (heard in Chambers)

Legal Issues

  1. 1 Whether the judgment on interest should be amended
  2. 2 Whether the costs order nisi should be varied because sanctioned payments nearly matched the judgment
  3. 3 Whether the plaintiff's alleged exaggeration of symptoms justifies depriving him of costs from date of last sanctioned payment

Ratio Decidendi

The judge accepted the parties had agreed the interest terms and declined to vary the costs order nisi because the defendants had available evidence before making sanctioned payments and could have increased the last sanctioned payment; the margin by which the judgment exceeded sanctioned payments was small but the established rule favours the plaintiff recovering costs where he recovers more than sanctioned payments, and on these facts the court would not deprive the plaintiff of costs.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed with costs to the plaintiff
  • Costs to be taxed if not agreed on the District Court scale