LIU CHUNG CHING v. A.S. WATSON GROUP (HK) LTD t/a Park\'n SHOP AND ANOTHER

LIU CHUNG CHING v. A.S. WATSON GROUP (HK) LTD t/a Park\'n SHOP AND ANOTHER

The 2nd Defendant's notice expressly stated the sum was in satisfaction of "all the causes of action in respect of which the Plaintiff claims"; the Plaintiff accepted that payment; therefore under Order 22 r.3(4) all further proceedings in the action are stayed as to both defendants, entitling the Plaintiff to costs up to acceptance under O.62 r.10(2) and requiring the 2nd Defendant to pay the 1st Defendant's wasted costs up to receipt of the Plaintiff's notice of acceptance.

Citation
LIU CHUNG CHING v. A.S. WATSON GROUP (HK) LTD t/a Park\'n SHOP AND ANOTHER
Parties
Plaintiff: Liu Chung Ching; 1st Defendant: A.S. Watson Group (HK) Limited trading as Park n Shop; 2nd Defendant: Golden Resources Development Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 September 2008
Case Number
DCPI1041/2008
Procedural Posture
Personal Injuries Action / Decision on Summons (stay and Costs)
Outcome
Order nisi made absolute in 14 days: $75,000 paid into court to be paid out to Plaintiff; 2nd Defendant to pay Plaintiff costs incurred up to the time of notice of acceptance; 2nd Defendant to pay 1st Defendant's costs incurred up to the time it received notice of acceptance; costs to be taxed if not agreed.
Legal Topics
Payment Into Court, Acceptance of Payment, Stay of Proceedings, Entitlement to Costs, Indemnity Between Co Defendants
Source Language
EN
Tort Occupiers' Liability Civil Procedure Costs Payment Into Court Acceptance of Payment Stay of Proceedings Entitlement to Costs +1 more

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Parties

Liu Chung Ching

Plaintiff

A.S. Watson Group (HK) Limited trading as Park n Shop

1st Defendant

Golden Resources Development Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Decision on Summons (stay and Costs)

Legal Issues

  1. 1 Whether the 2nd Defendant's payment into court was in satisfaction of all causes of action claimed by the Plaintiff
  2. 2 Whether the Plaintiff's acceptance of that payment operates to stay proceedings against the non-paying co-defendant
  3. 3 Entitlement to costs for the Plaintiff and for the 1st Defendant caused by the payment in

Ratio Decidendi

The 2nd Defendant's notice expressly stated the sum was in satisfaction of "all the causes of action in respect of which the Plaintiff claims"; the Plaintiff accepted that payment; therefore under Order 22 r.3(4) all further proceedings in the action are stayed as to both defendants, entitling the Plaintiff to costs up to acceptance under O.62 r.10(2) and requiring the 2nd Defendant to pay the 1st Defendant's wasted costs up to receipt of the Plaintiff's notice of acceptance.

Court Disposition

Order nisi made absolute in 14 days: $75,000 paid into court to be paid out to Plaintiff; 2nd Defendant to pay Plaintiff costs incurred up to the time of notice of acceptance; 2nd Defendant to pay 1st Defendant's costs incurred up to the time it received notice of acceptance; costs to be taxed if not agreed.

Orders

  • The sum of HK$75,000 paid into court by the 2nd Defendant on 23.5.2008 to be paid out to the Plaintiff in satisfaction of the causes of action in respect of which it was paid.
  • The 2nd Defendant shall pay to the Plaintiff the costs of this action up to the time of giving notice of acceptance of the payment in, to be taxed if not agreed, including costs incurred by reason of there being two defendants.