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

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

The sanctioned offer dated 6 August 2014 had not been validly withdrawn or varied but the court exercised its discretion to refuse leave to accept it out of time because the defendants elected to proceed to the substantive hearing and it would be unjust to allow them to benefit after losing, therefore the defendants' application is dismissed with 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, YOKOGAWA BRIDGE HOLDINGS CORP formerly known as YOKOGAWA BRIDGE CORP and HSIN CHONG CONSTRUCTION CO LTD all trading as MAEDA-HITACHI-YOKOGAWA-HSIN CHONG JOINT VENTURE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2015
Case Number
HCPI138/2011
Procedural Posture
Personal Injuries Action / Summons for Leave to Accept Sanctioned Offer on Costs Out of Time (application to Vary Costs Order Dismissed)
Outcome
defendants' application dismissed
Legal Topics
Sanctioned Offers, Order 62 a, Withdrawal of Offers, Variation/diminution of Offers, Leave to Accept Offers Out of Time, Costs Assessment, Judicial Discretion
Source Language
EN
Civil Procedure Costs Sanctioned Offers Order 62 a Withdrawal of Offers Variation/diminution of Offers Leave to Accept Offers Out of Time Costs Assessment +1 more

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Parties

GURUNG DEVCHANDRA

Plaintiff

PACIFIC CONSTRUCTION (HK) CO LIMITED

1st Defendant

MAEDA CORPORATION, HITACHI ZOSEN CORPORATION, YOKOGAWA BRIDGE HOLDINGS CORP formerly known as YOKOGAWA BRIDGE CORP and HSIN CHONG CONSTRUCTION CO LTD all trading as MAEDA-HITACHI-YOKOGAWA-HSIN CHONG JOINT VENTURE

2nd Defendant

Procedural Posture

Personal Injuries Action / Summons for Leave to Accept Sanctioned Offer on Costs Out of Time (application to Vary Costs Order Dismissed)

Legal Issues

  1. 1 Whether the plaintiff's sanctioned offer on costs had been validly withdrawn after expiry
  2. 2 Whether the plaintiff's alternative pleadings amounted to a variation/diminution of the sanctioned offer
  3. 3 Whether the court should exercise its discretion to grant leave to accept the sanctioned offer out of time

Ratio Decidendi

The sanctioned offer dated 6 August 2014 had not been validly withdrawn or varied but the court exercised its discretion to refuse leave to accept it out of time because the defendants elected to proceed to the substantive hearing and it would be unjust to allow them to benefit after losing, therefore the defendants' application is dismissed with costs.

Court Disposition

defendants' application dismissed

Orders

  • Summons dismissed
  • Costs to the plaintiff to be taxed if not agreed