LAU MUNG LAM v. ICHI STAR LTD formerly known as CARS\' MATE LTD AND ANOTHER

LAU MUNG LAM v. ICHI STAR LTD formerly known as CARS\' MATE LTD AND ANOTHER

Sanctioned offer was validly served and the judgment obtained was more advantageous than the offer; no circumstances made application of O.22 r.24 unjust; therefore the court exercised its discretion to vary the nisi costs order to award indemnity costs and enhanced interest as specified and ordered the 2nd...

Source-derived case information.

Citation
LAU MUNG LAM v. ICHI STAR LTD formerly known as CARS\' MATE LTD AND ANOTHER
Parties
Plaintiff: Lau Mung Lam; 1st Defendant: Ichi Star Limited formerly known as Cars' Mate Limited; 2nd Defendant: Wong Yuet Ling Jojo trading as Beauty Station
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 July 2012
Case Number
DCCJ3238/2009
Procedural Posture
Civil Action for Recovery of Prepaid Beauty Treatment Packages / Post Judgment Application to Vary Nisi Costs Order (costs Variation)
Outcome
Application to vary nisi costs order allowed to the extent sought by the plaintiff; 2nd defendant ordered to pay costs of this application on indemnity basis.
Legal Topics
Sanctioned Offer (order 22 Rule 24), Indemnity Costs, Enhanced Interest, Service of Offer (o.22 R.16), Transfer of Business (protection of Creditors) Ordinance Cap 49
Source Language
en
Civil Procedure Contract Consumer Protection Costs and Interest Business Transfer/ Creditor Protection Sanctioned Offer (order 22 Rule 24) Indemnity Costs Enhanced Interest +2 more

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Parties

Lau Mung Lam

Plaintiff

Ichi Star Limited formerly known as Cars' Mate Limited

1st Defendant

Wong Yuet Ling Jojo trading as Beauty Station

2nd Defendant

Procedural Posture

Civil Action for Recovery of Prepaid Beauty Treatment Packages / Post Judgment Application to Vary Nisi Costs Order (costs Variation)

Legal Issues

  1. 1 Whether O.22 r.24 permits indemnity costs and enhanced interest where judgment is more advantageous than sanctioned offer
  2. 2 Whether it would be unjust to apply the special costs and interest orders in O.22 r.24
  3. 3 Whether the sanctioned offer was validly served and the correct last date for acceptance

Ratio Decidendi

Sanctioned offer was validly served and the judgment obtained was more advantageous than the offer; no circumstances made application of O.22 r.24 unjust; therefore the court exercised its discretion to vary the nisi costs order to award indemnity costs and enhanced interest as specified and ordered the 2nd defendant to pay costs of the application on an indemnity basis.

Court Disposition

Application to vary nisi costs order allowed to the extent sought by the plaintiff; 2nd defendant ordered to pay costs of this application on indemnity basis.

Orders

  • Costs between plaintiff and 2nd defendant up to 28 December 2011 to be taxed on a party and party basis
  • Costs between plaintiff and 2nd defendant from 29 December 2011 to be taxed on an indemnity basis