LIMBU NETRA KUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER

LIMBU NETRA KUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER

Failure by the plaintiff's solicitor to check the material expert's diary before fixing trial dates constituted a gross dereliction of duty which caused the application to refix the trial and wasted costs; causation was established and the court, exercising its discretion under Order 62 r.8(1), ordered the solicitor, Mr Kenneth W. Leung, to personally bear the costs of and occasioned by the plaintiff's application to refix the trial dates, with the plaintiff's costs to be taxed under the Legal Aid Regulation.

Citation
LIMBU NETRA KUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER
Parties
Plaintiff: Limbu Netra Kumar; 1st Defendant: Yau Lee Construction Co. Ltd; 2nd Defendant: Chan Wing Fai (formerly t/a Wing Fung Construction)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2006
Case Number
HCPI234/2002
Procedural Posture
Personal Injuries Action / Pre Trial / Hearing to Show Cause Under Order 62 R.8 Re Wasted Costs and Application to Refix Trial Dates
Outcome
Wasted costs order made against Mr Kenneth W. Leung: he is ordered to personally bear the costs of and occasioned by the plaintiff's application to refix the trial dates.
Legal Topics
Wasted Costs Order, Order 62 Rule 8, Duty to Secure Expert Witness Attendance, Subpoena, Causation, Exercise of Judicial Discretion
Source Language
EN
Civil Costs Procedure Legal Aid Solicitors' Professional Liability Wasted Costs Order Order 62 Rule 8 Duty to Secure Expert Witness Attendance +3 more

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Parties

Limbu Netra Kumar

Plaintiff

Yau Lee Construction Co. Ltd

1st Defendant

Chan Wing Fai (formerly t/a Wing Fung Construction)

2nd Defendant

Procedural Posture

Personal Injuries Action / Pre Trial / Hearing to Show Cause Under Order 62 R.8 Re Wasted Costs and Application to Refix Trial Dates

Legal Issues

  1. 1 Whether the solicitor acted improperly or without reasonable cause or by misconduct/default so as to warrant a wasted costs order under Order 62 r.8
  2. 2 Whether the solicitor's conduct caused costs to be incurred or wasted (causation)
  3. 3 Whether the court should exercise its discretion to order the solicitor to personally bear costs

Ratio Decidendi

Failure by the plaintiff's solicitor to check the material expert's diary before fixing trial dates constituted a gross dereliction of duty which caused the application to refix the trial and wasted costs; causation was established and the court, exercising its discretion under Order 62 r.8(1), ordered the solicitor, Mr Kenneth W. Leung, to personally bear the costs of and occasioned by the plaintiff's application to refix the trial dates, with the plaintiff's costs to be taxed under the Legal Aid Regulation.

Court Disposition

Wasted costs order made against Mr Kenneth W. Leung: he is ordered to personally bear the costs of and occasioned by the plaintiff's application to refix the trial dates.

Orders

  • Mr Kenneth W. Leung ordered to personally bear the costs of and occasioned by the plaintiff's application to refix the trial dates
  • Order includes the plaintiff's costs of the hearing on 18 July 2006