POH PO LIAN AND ANOTHER v. TONG CHI KONG, JODY AND ANOTHER

POH PO LIAN AND ANOTHER v. TONG CHI KONG, JODY AND ANOTHER

Causation and remoteness established; British Racing Drivers' Club v Hextall was not applied in Hong Kong and the court followed the traditional McGregor approach so plaintiffs could recover solicitor and client taxed costs subject to deduction of any practically recoverable party and party taxed costs; damages quantified accordingly and awarded; assessment costs ordered against defendants except for costs occasioned by plaintiffs' own adjournment and related applications.

Citation
[2019] HKCFI 863
Parties
1st Plaintiff: POH PO LIAN; 2nd Plaintiff: LUCK CONTINENT LIMITED (瑞洲有限公司); 1st Defendant: TONG CHI KONG, JODY (湯慈光); 2nd Defendant: SMARTGO HOLDINGS LIMITED (日森控股有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 April 2019
Case Number
HCA1280/2012
Procedural Posture
Civil (tort: Maintenance and Champerty) / Assessment of Damages After Judgment on Liability
Outcome
Assessment of damages in favour of Plaintiffs; damages quantified and awarded; costs of assessment generally awarded to Plaintiffs subject to specified exceptions; supplemental evidence admitted.
Legal Topics
Maintenance, Champerty, Assessment of Damages, Costs Taxation, Causation, Remoteness, Litigation Funding
Source Language
EN
Tort Civil Procedure Costs Litigation Funding Commercial Law Maintenance Champerty Assessment of Damages +3 more

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Parties

POH PO LIAN

1st Plaintiff

LUCK CONTINENT LIMITED (瑞洲有限公司)

2nd Plaintiff

TONG CHI KONG, JODY (湯慈光)

1st Defendant

SMARTGO HOLDINGS LIMITED (日森控股有限公司)

2nd Defendant

Procedural Posture

Civil (tort: Maintenance and Champerty) / Assessment of Damages After Judgment on Liability

Legal Issues

  1. 1 Whether defendants' champertous funding caused the plaintiffs' legal costs and other losses
  2. 2 Whether the type of loss (legal costs and financing costs) was too remote
  3. 3 Whether costs paid in earlier proceedings are recoverable as damages and on what basis (solicitor and client v party and party)

Ratio Decidendi

Causation and remoteness established; British Racing Drivers' Club v Hextall was not applied in Hong Kong and the court followed the traditional McGregor approach so plaintiffs could recover solicitor and client taxed costs subject to deduction of any practically recoverable party and party taxed costs; damages quantified accordingly and awarded; assessment costs ordered against defendants except for costs occasioned by plaintiffs' own adjournment and related applications.

Court Disposition

Assessment of damages in favour of Plaintiffs; damages quantified and awarded; costs of assessment generally awarded to Plaintiffs subject to specified exceptions; supplemental evidence admitted.

Orders

  • Plaintiffs' 2nd and 3rd witness statements adopted as evidence in chief and 3rd supplemental witness statement admitted
  • Damages under HCA head assessed and awarded: HKD 5,562,961.94 (inclusive of outstanding taxed balance and difference between solicitor and client and party and party costs)