LEUNG TAT MING 對 SECRETARY FOR JUSTICE for and on behalf of the Director of Highways及另一人

LEUNG TAT MING 對 SECRETARY FOR JUSTICE for and on behalf of the Director of Highways及另一人

Leave to appeal was refused because the plaintiff failed to identify any errors in the trial judge's factual findings and offered no arguable basis showing a reasonable prospect of success; the defendants were entitled to an order varying the interim costs order under Order 22 r23 given the conditional payment...

Source-derived case information.

Citation
[2023] HKDC 1593
Parties
Plaintiff: LEUNG TAT MING; Defendant: SECRETARY FOR JUSTICE for and on behalf of the Director of Highways; Defendant: CHIU HING CONSTRUCTION & TRANSPORTATION COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 November 2023
Case Number
DCPI1146/2018
Procedural Posture
Personal Injury / Post Trial Applications (leave to Appeal; Costs; Return of Conditional Payment)
Outcome
Leave to appeal refused; plaintiff's application to vary interim costs order dismissed; defendants' application to vary interim costs order granted; conditional payment of HKD50,000 returned to defendants' solicitors; plaintiff ordered to pay costs of the applications.
Legal Topics
Negligence, Leave to Appeal, Costs Orders, Conditional Payment / Security, Assessment Basis (party Party; Indemnity)
Source Language
ch
Torts Civil Procedure Negligence Leave to Appeal Costs Orders Conditional Payment / Security Assessment Basis (party Party; Indemnity)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

LEUNG TAT MING

Plaintiff

SECRETARY FOR JUSTICE for and on behalf of the Director of Highways

Defendant

CHIU HING CONSTRUCTION & TRANSPORTATION COMPANY LIMITED

Defendant

Procedural Posture

Personal Injury / Post Trial Applications (leave to Appeal; Costs; Return of Conditional Payment)

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the interim costs order should be varied under Order 22 r23
  3. 3 Whether the HKD50,000 conditional payment lodged in court should be released to defendants' solicitors

Ratio Decidendi

Leave to appeal was refused because the plaintiff failed to identify any errors in the trial judge's factual findings and offered no arguable basis showing a reasonable prospect of success; the defendants were entitled to an order varying the interim costs order under Order 22 r23 given the conditional payment exceeded any likely award and no unfairness was shown; the HKD50,000 conditional payment lodged in court was ordered released to defendants' solicitors; plaintiff ordered to pay defendants' costs of the applications.

Court Disposition

Leave to appeal refused; plaintiff's application to vary interim costs order dismissed; defendants' application to vary interim costs order granted; conditional payment of HKD50,000 returned to defendants' solicitors; plaintiff ordered to pay costs of the applications.

Orders

  • Leave to appeal refused.
  • Plaintiff's application to vary the interim costs order dismissed.