MARTIN JACQUES AND ANOTHER v. HOSPITAL AUTHORITY

MARTIN JACQUES AND ANOTHER v. HOSPITAL AUTHORITY

Security for costs ordered in sum of HK$250,000 because plaintiff is ordinarily resident outside Hong Kong, a valid legal aid certificate covers much of the defendants' likely costs on liability (leaving primarily costs before grant of legal aid and quantum for 2nd plaintiff uncovered), the application was not sufficiently late to bar relief, and the reduced amount is proportionate and will not stifle the claim.

Citation
MARTIN JACQUES AND ANOTHER v. HOSPITAL AUTHORITY
Parties
1st Plaintiff (executor of the Estate of Harinder Kaur Veriah): MARTIN JACQUES; 2nd Plaintiff (personal Claim): MARTIN JACQUES; Defendant: HOSPITAL AUTHORITY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 2007
Case Number
HCPI1162/2002
Procedural Posture
Personal Injuries (fatal Accident) / Interlocutory Application for Security for Costs (pre Trial, in Chambers)
Outcome
Application for security for costs granted in part; security ordered in amount HK$250,000; proceedings stayed pending provision of security.
Legal Topics
Security for Costs, Legal Aid and Costs, Jurisdiction/residence, Fatal Accident Claim, Expert Evidence Dispute, Quantum
Source Language
EN
Civil Medical Negligence Personal Injury Procedural Law Security for Costs Legal Aid and Costs Jurisdiction/residence Fatal Accident Claim +2 more

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Parties

MARTIN JACQUES

1st Plaintiff (executor of the Estate of Harinder Kaur Veriah)

MARTIN JACQUES

2nd Plaintiff (personal Claim)

HOSPITAL AUTHORITY

Defendant

Procedural Posture

Personal Injuries (fatal Accident) / Interlocutory Application for Security for Costs (pre Trial, in Chambers)

Legal Issues

  1. 1 Whether plaintiff is ordinarily resident outside jurisdiction
  2. 2 Whether security for costs should be ordered under Order 23 r.1
  3. 3 Effect of Legal Aid Certificate on costs recoverability

Ratio Decidendi

Security for costs ordered in sum of HK$250,000 because plaintiff is ordinarily resident outside Hong Kong, a valid legal aid certificate covers much of the defendants' likely costs on liability (leaving primarily costs before grant of legal aid and quantum for 2nd plaintiff uncovered), the application was not sufficiently late to bar relief, and the reduced amount is proportionate and will not stifle the claim.

Court Disposition

Application for security for costs granted in part; security ordered in amount HK$250,000; proceedings stayed pending provision of security.

Orders

  • Plaintiffs to provide security for defendant's costs in the amount of HK$250,000 within 21 days
  • All further proceedings in this action stayed pending provision of such security by the plaintiffs