LAW CHI CHING v. APPLE DAILY LTD AND OTHERS

LAW CHI CHING v. APPLE DAILY LTD AND OTHERS

No pre-judgment interest awarded on general damages because the award already accounted for the defendants' conduct and distress, risking double compensation; special damages attract pre-judgment interest at 2% from 26 April 2013; post-judgment interest to run at judgment rate until payment; the sanctioned offers did not beat the judgment when proper interest treatment is applied.

Citation
LAW CHI CHING v. APPLE DAILY LTD AND OTHERS
Parties
Plaintiff: LAW CHI CHING; 1st Defendant: APPLE DAILY LIMITED; 2nd Defendant: APPLE DAILY PRINTING LIMITED; 3rd Defendant: CHENG MING-YAN; 4th Defendant: JAE MING MING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2015
Case Number
HCA2155/2009
Procedural Posture
Defamation / High Court Action / Interest Determination After Judgment
Outcome
Plaintiff's claim for pre-judgment interest on general damages dismissed; pre-judgment interest on special damages awarded at 2% from 26 April 2013; post-judgment interest to run at judgment rate until payment; sanctioned offers did not beat the judgment; costs order nisi against plaintiff.
Legal Topics
Pre Judgment Interest, Post Judgment Interest, Sanctioned Offers, Enhanced Interest, General Damages, Special Damages, Costs
Source Language
EN
Tort Defamation Civil Procedure Interest and Costs Personal Injury Pre Judgment Interest Post Judgment Interest Sanctioned Offers Enhanced Interest General Damages +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

LAW CHI CHING

Plaintiff

APPLE DAILY LIMITED

1st Defendant

APPLE DAILY PRINTING LIMITED

2nd Defendant

CHENG MING-YAN

3rd Defendant

JAE MING MING

4th Defendant

Procedural Posture

Defamation / High Court Action / Interest Determination After Judgment

Legal Issues

  1. 1 Whether pre-judgment interest is payable on general damages in defamation
  2. 2 Appropriate period and rate for pre-judgment interest on general and special damages
  3. 3 Whether sanctioned offers were beaten by the judgment

Ratio Decidendi

No pre-judgment interest awarded on general damages because the award already accounted for the defendants' conduct and distress, risking double compensation; special damages attract pre-judgment interest at 2% from 26 April 2013; post-judgment interest to run at judgment rate until payment; the sanctioned offers did not beat the judgment when proper interest treatment is applied.

Court Disposition

Plaintiff's claim for pre-judgment interest on general damages dismissed; pre-judgment interest on special damages awarded at 2% from 26 April 2013; post-judgment interest to run at judgment rate until payment; sanctioned offers did not beat the judgment; costs order nisi against plaintiff.

Orders

  • No pre-judgment interest awarded on general damages.
  • Pre-judgment interest on special damages awarded at 2% per annum from 26 April 2013.