LAI KI v. B+B CONSTRUCTION CO LTD AND OTHERS

LAI KI v. B+B CONSTRUCTION CO LTD AND OTHERS

For purposes of deciding whether High Court or District Court scale costs should apply when a settlement falls within the District Court monetary limit: (1) subtract employee's compensation actually received from the plaintiff; (2) assess the value of the claim on the basis of full liability ignoring any deduction for contributory negligence unless it is admitted in the statement of claim; (3) the usual order is District Court scale unless the High Court, in exercise of its discretion, is persuaded there was a reasonable prospect of an award exceeding the District Court limit on full liability; and (4) a consent order providing for costs to be taxed does not of itself import High Court...

Citation
LAI KI v. B+B CONSTRUCTION CO LTD AND OTHERS
Parties
Plaintiff: LAI KI; 1st Defendant: B+B CONSTRUCTION COMPANY LIMITED; 2nd Defendant: HIN KEE CONSTRUCTION COMPANY LIMITED (discontinued); 3rd Defendant: WAI NAI YIP formerly trading as KA YIP MACHINE & ENG. COMPANY; 4th Defendant: LAU CHI WAH formerly trading as TUNG TAT ENGINEERING COMPANY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2003
Case Number
HCPI63/2001
Procedural Posture
Personal Injuries Action / Decision on Scale of Costs After Consent Settlement
Outcome
No order as to costs; Plaintiff's solicitors to bear the costs of the application and not to recover them from the Plaintiff
Legal Topics
Scale of Costs, District Court Jurisdiction Limit, Employee's Compensation Deduction, Contributory Negligence and Pleadings, Consent Order Construction
Source Language
EN
Civil Personal Injury Procedure Employment Compensation Costs Scale of Costs District Court Jurisdiction Limit Employee's Compensation Deduction +2 more

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Parties

LAI KI

Plaintiff

B+B CONSTRUCTION COMPANY LIMITED

1st Defendant

HIN KEE CONSTRUCTION COMPANY LIMITED (discontinued)

2nd Defendant

WAI NAI YIP formerly trading as KA YIP MACHINE & ENG. COMPANY

3rd Defendant

LAU CHI WAH formerly trading as TUNG TAT ENGINEERING COMPANY

4th Defendant

Procedural Posture

Personal Injuries Action / Decision on Scale of Costs After Consent Settlement

Legal Issues

  1. 1 Whether costs are to be taxed on High Court or District Court scale where settlement falls within District Court monetary jurisdiction
  2. 2 Whether Employee's Compensation payments must be deducted when assessing forum/jurisdiction for costs purposes
  3. 3 Whether contributory negligence is to be deducted when assessing value of claim for forum/costs determination

Ratio Decidendi

For purposes of deciding whether High Court or District Court scale costs should apply when a settlement falls within the District Court monetary limit: (1) subtract employee's compensation actually received from the plaintiff; (2) assess the value of the claim on the basis of full liability ignoring any deduction for contributory negligence unless it is admitted in the statement of claim; (3) the usual order is District Court scale unless the High Court, in exercise of its discretion, is persuaded there was a reasonable prospect of an award exceeding the District Court limit on full liability; and (4) a consent order providing for costs to be taxed does not of itself import High Court...

Court Disposition

No order as to costs; Plaintiff's solicitors to bear the costs of the application and not to recover them from the Plaintiff

Orders

  • No order as to costs.
  • The Plaintiff's solicitors shall bear the costs of this application and those costs are not to be recovered from the Plaintiff.