LAM KAI v. NG KWOK LEUNG AND OTHERS

LAM KAI v. NG KWOK LEUNG AND OTHERS

The court held that the Proposed Order agreed by all parties could be made as a supplemental order to the Final Judgment without strictly requiring amendment under the slip rule, but permitted and directed amendment of the Final Judgment's payment clause for tidiness; the court also varied the costs order nisi and...

Source-derived case information.

Citation
LAM KAI v. NG KWOK LEUNG AND OTHERS
Parties
Plaintiff: Lam Kai; 1st Defendant: Ng Kwok Leung; 2nd Defendant: Ng Kwok Wai; 3rd Defendant: Lam Fung Kwan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 June 2002
Case Number
HCPI1460/1999
Procedural Posture
Personal Injuries Action / Assessment of Quantum and Application to Amend Final Judgment / Supplemental Order
Outcome
Application granted in part: Final Judgment payment clause amended; supplemental order made; costs order nisi varied; costs of the application: no order.
Legal Topics
Assessment of Damages, Consent Order, Slip Rule Amendment, Supplemental Order to Judgment, Allocation of Liability, Costs Order Nisi, Contributory Negligence
Source Language
en
Civil Procedure Personal Injury Costs Assessment of Damages Consent Order Slip Rule Amendment Supplemental Order to Judgment Allocation of Liability +2 more

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Parties

Lam Kai

Plaintiff

Ng Kwok Leung

1st Defendant

Ng Kwok Wai

2nd Defendant

Lam Fung Kwan

3rd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Quantum and Application to Amend Final Judgment / Supplemental Order

Legal Issues

  1. 1 Whether the Final Judgment must be amended under the slip rule to mention the 3rd defendant
  2. 2 Whether the court can make a supplemental order to give effect to the assessed quantum and consent order without amending the Final Judgment
  3. 3 Proper allocation of assessed damages between defendants under the Consent Order

Ratio Decidendi

The court held that the Proposed Order agreed by all parties could be made as a supplemental order to the Final Judgment without strictly requiring amendment under the slip rule, but permitted and directed amendment of the Final Judgment's payment clause for tidiness; the court also varied the costs order nisi and ordered no order as to costs for this application (costs order nisi to that effect).

Court Disposition

Application granted in part: Final Judgment payment clause amended; supplemental order made; costs order nisi varied; costs of the application: no order.

Orders

  • Amend the payment clause of the Final Judgment to include mention of the 3rd defendant.
  • Supplemental order: Damages having been assessed in the sum of HK$3,036,012 (inclusive of interest and having taken into account the interim payment of HK$200,000 paid equally by the 1st and 2nd defendants on the one part and the 3rd defendant on the other part) pursuant to the Consent Order dated 17 September 2001,...