KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND OTHERS

KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND OTHERS

Although the former solicitors failed to make reasonable inquiries and thereby caused additional costs by suing the wrong party, the court was not satisfied on the summary show‑cause material that their conduct reached the level of gross neglect or misconduct necessary to justify a wasted costs order; accordingly the application for a wasted costs order was dismissed.

Citation
[2020] HKDC 858
Parties
Applicant: Kaur Paramjit; 1st Respondent: Li On Na trading as Sun Cheung Fat Fast Food; 2nd Respondent: Employees' Compensation Assistance Fund Board; 3rd Respondent: He Xiao Ying trading as San Cheung Fast Food
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 2020
Case Number
DCEC1479/2012
Procedural Posture
Employees' Compensation / Wasted Costs Show Cause Proceedings — Decision on Application (paper Disposal)
Outcome
Application for wasted costs order dismissed; no wasted costs order made against the former solicitors
Legal Topics
Wasted Costs Order, Solicitor Misconduct, Employer Identification and Joinder, Setting Aside Default Judgment, Legal Aid Implications
Source Language
EN
Employment Law Civil Procedure Costs Law Professional Conduct of Solicitors Wasted Costs Order Solicitor Misconduct Employer Identification and Joinder Setting Aside Default Judgment +1 more

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Parties

Kaur Paramjit

Applicant

Li On Na trading as Sun Cheung Fat Fast Food

1st Respondent

Employees' Compensation Assistance Fund Board

2nd Respondent

He Xiao Ying trading as San Cheung Fast Food

3rd Respondent

Procedural Posture

Employees' Compensation / Wasted Costs Show Cause Proceedings — Decision on Application (paper Disposal)

Legal Issues

  1. 1 Whether the former solicitors failed to take reasonable steps to identify the correct employer before commencing proceedings
  2. 2 Whether that failure caused wasted costs within s53(5) of the District Court Ordinance
  3. 3 Whether the court should exercise its discretion to make a wasted costs order given the summary nature of the proceedings and the degree of misconduct

Ratio Decidendi

Although the former solicitors failed to make reasonable inquiries and thereby caused additional costs by suing the wrong party, the court was not satisfied on the summary show‑cause material that their conduct reached the level of gross neglect or misconduct necessary to justify a wasted costs order; accordingly the application for a wasted costs order was dismissed.

Court Disposition

Application for wasted costs order dismissed; no wasted costs order made against the former solicitors

Orders

  • Wasted costs order refused; no order for costs against the former solicitors under O 62 r 8
  • Serve a copy of this decision on the applicant and the Director of Legal Aid