LO CHI HOI v. MASTERY ENGINEERING LTD v.trading as LEUNG PUI FORM MOULD & ENGINEERING CO. AND ANOTHER

LO CHI HOI v. MASTERY ENGINEERING LTD v.trading as LEUNG PUI FORM MOULD & ENGINEERING CO. AND ANOTHER

Costs scale is determined by assessing whether the action, taking into account Employees' Compensation payments, fell within District Court jurisdiction during the life of the case; therefore costs were ordered on the High Court scale up to 1 December 2003 and on the District Court scale thereafter, with the plaintiff bearing the consequences of late disclosure affecting credibility.

Citation
LO CHI HOI v. MASTERY ENGINEERING LTD v.trading as LEUNG PUI FORM MOULD & ENGINEERING CO. AND ANOTHER
Parties
Plaintiff: Lo Chi Hoi; 1st Defendant: Mastery Engineering Limited trading as Leung Pui Form Mould & Engineering Company; 2nd Defendant: Hsin Chong Construction Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2005
Case Number
HCPI858/2001
Procedural Posture
Personal Injuries Action / Post‑settlement Costs Hearing (scale of Costs Determination)
Outcome
Costs apportioned by date: High Court scale up to 1 December 2003; District Court scale from 1 December 2003; costs of the hearing ordered to the defendant with a certificate for counsel.
Legal Topics
Costs Scale, District Court Jurisdiction, Employee's Compensation, Settlement, Late Disclosure and Credibility
Source Language
EN
Personal Injury Civil Procedure Costs Law Employment Compensation Costs Scale District Court Jurisdiction Employee's Compensation Settlement +1 more

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Parties

Lo Chi Hoi

Plaintiff

Mastery Engineering Limited trading as Leung Pui Form Mould & Engineering Company

1st Defendant

Hsin Chong Construction Company Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Post‑settlement Costs Hearing (scale of Costs Determination)

Legal Issues

  1. 1 Whether costs awarded to the plaintiff should be on the District Court scale or the High Court scale
  2. 2 Which point in time is relevant for reckoning District Court jurisdiction (filing of writ or subsequent events)
  3. 3 Effect of Employees' Compensation award on jurisdictional limit

Ratio Decidendi

Costs scale is determined by assessing whether the action, taking into account Employees' Compensation payments, fell within District Court jurisdiction during the life of the case; therefore costs were ordered on the High Court scale up to 1 December 2003 and on the District Court scale thereafter, with the plaintiff bearing the consequences of late disclosure affecting credibility.

Court Disposition

Costs apportioned by date: High Court scale up to 1 December 2003; District Court scale from 1 December 2003; costs of the hearing ordered to the defendant with a certificate for counsel.

Orders

  • Costs up to 1 December 2003 to be on the High Court scale
  • Costs from 1 December 2003 to be on the District Court scale