LAM SUM CHIT v. CHENG MAN KING t/a CHUNG TIN ENGINEERING CO AND OTHERS

LAM SUM CHIT v. CHENG MAN KING t/a CHUNG TIN ENGINEERING CO AND OTHERS

Because the Labour Department attempted to obtain the applicant's consent to release the breakdown and the breakdown was only provided to respondents after the respondents filed the Application, the Application was wholly occasioned by the applicant's refusal/delay and therefore the applicant must pay the costs of and occasioned by the Application, with specified items included and subject to taxation if not agreed; the applicant's own costs after grant of legal aid are to be taxed under the Legal Aid Regulations.

Citation
[2018] HKDC 1139
Parties
Applicant: Lam Sum Chit; 1st Respondent: Cheng Man King trading as Chung Tin Engineering Co; 2nd Respondent: The Getz Corporation (Hong Kong) Limited; 3rd Respondent: Third Respondent (name not legible in record)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 September 2018
Case Number
DCEC2262/2015
Procedural Posture
Employees Compensation / Directions Hearing (costs Reserved); Ruling on Costs
Outcome
Applicant ordered to pay the costs of and occasioned by the respondents' Application
Legal Topics
Costs Order, Discovery of Medical Assessment Information, Legal Aid and Taxation, Assessment of Loss of Earning Capacity
Source Language
EN
Employment/workers' Compensation Civil Procedure Costs and Litigation Funding Costs Order Discovery of Medical Assessment Information Legal Aid and Taxation Assessment of Loss of Earning Capacity

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Parties

Lam Sum Chit

Applicant

Cheng Man King trading as Chung Tin Engineering Co

1st Respondent

The Getz Corporation (Hong Kong) Limited

2nd Respondent

Third Respondent (name not legible in record)

3rd Respondent

Procedural Posture

Employees Compensation / Directions Hearing (costs Reserved); Ruling on Costs

Legal Issues

  1. 1 Whether the applicant should bear the costs of the respondents' application to compel disclosure of the breakdown of the Form 7 assessment
  2. 2 Whether the applicant's refusal to consent to release of the Labour Department's breakdown justified a costs order against the applicant
  3. 3 How the applicant's costs after grant of legal aid are to be taxed

Ratio Decidendi

Because the Labour Department attempted to obtain the applicant's consent to release the breakdown and the breakdown was only provided to respondents after the respondents filed the Application, the Application was wholly occasioned by the applicant's refusal/delay and therefore the applicant must pay the costs of and occasioned by the Application, with specified items included and subject to taxation if not agreed; the applicant's own costs after grant of legal aid are to be taxed under the Legal Aid Regulations.

Court Disposition

Applicant ordered to pay the costs of and occasioned by the respondents' Application

Orders

  • Applicant to pay to the respondents the costs of and occasioned by the Application (the application in Deacons' letter dated 22 March 2018)
  • For taxation purposes the costs shall include Deacons' letters to the court dated 22 March, 4 April and 10 April 2018