LAM MAN YING (林文英) 對 SO WAH KWAN (蘇華坤),the administrator of the estate of CHIU LAI CHING (趙麗貞), deceased, formerly traded as BEAUTY REGENT (麗晶專業美容中心)

LAM MAN YING (林文英) 對 SO WAH KWAN (蘇華坤),the administrator of the estate of CHIU LAI CHING (趙麗貞), deceased, formerly traded as BEAUTY REGENT (麗晶專業美容中心)

The applicant failed to show any obvious legal error in the primary judge's findings or any special factors sufficient to displace the ordinary rule that costs follow the event; the late medical material was not admitted as new evidence and did not establish incapacity to attend, therefore the application to vary...

Source-derived case information.

Citation
[2024] HKCA 846
Parties
Plaintiff: LAM MAN YING (林文英); Defendant: SO WAH KWAN (administrator of the estate of CHIU LAI CHING)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 September 2024
Case Number
CAMP323/2023
Procedural Posture
Court of Appeal Application to Vary Interim Costs Order and to Stay Execution (appeal Related to District Court Personal Injury Trial) / Hearing and Determination of Application to Vary Interim Costs Order and to Suspend Execution of That Order by the Court of Appeal
Outcome
Application dismissed; interim costs order upheld; application to stay execution of the interim costs order refused; applicant ordered to pay costs of the application
Legal Topics
Interim Costs Order, Variation of Costs Order, Stay of Execution, Fresh Evidence, Adjournment, Unrepresented Litigant
Source Language
ch
Civil Procedure Costs Personal Injury Appeals Interim Costs Order Variation of Costs Order Stay of Execution Fresh Evidence +2 more

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Parties

LAM MAN YING (林文英)

Plaintiff

SO WAH KWAN (administrator of the estate of CHIU LAI CHING)

Defendant

Procedural Posture

Court of Appeal Application to Vary Interim Costs Order and to Stay Execution (appeal Related to District Court Personal Injury Trial) / Hearing and Determination of Application to Vary Interim Costs Order and to Suspend Execution of That Order by the Court of Appeal

  1. 1 Whether the interim costs order should be varied
  2. 2 Whether a stay of execution of the interim costs order should be granted
  3. 3 Whether the applicant has demonstrated error in the primary judge's decision sufficient to justify varying costs

Ratio Decidendi

The applicant failed to show any obvious legal error in the primary judge's findings or any special factors sufficient to displace the ordinary rule that costs follow the event; the late medical material was not admitted as new evidence and did not establish incapacity to attend, therefore the application to vary the interim costs order and the application to stay its execution were dismissed.

Court Disposition

Application dismissed; interim costs order upheld; application to stay execution of the interim costs order refused; applicant ordered to pay costs of the application

Orders

  • Application to vary the interim costs order dismissed
  • Application to suspend/stay execution of the interim costs order dismissed