JACKSON IVAN O\'NEIL AMROL v. MARISOL RIVERA

JACKSON IVAN O\'NEIL AMROL v. MARISOL RIVERA

Although the ordinary rule after trial is to award party-and-party costs, the court found that the plaintiff demonstrated special and unusual features — modest damages, absence of legal aid, risk that recovered damages would be eroded by costs, and the defendant's active positive defences increasing trial costs — and therefore varied the costs order nisi to award costs on a common fund basis to ensure adequacy of compensation.

Citation
JACKSON IVAN O\'NEIL AMROL v. MARISOL RIVERA
Parties
Plaintiff (infant): Jackson Ivan O Neil Amrol; Next Friend (mother): Melissa Lippencott Amrol; Defendant: Marisol Rivera
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 May 2008
Case Number
DCPI267/2007
Procedural Posture
Personal Injuries Action / Costs Variation Application After Judgment (post Trial)
Outcome
Application granted; costs order nisi varied and costs ordered on common fund basis
Legal Topics
Common Fund Costs, Taxation of Costs, Infant Litigation, Adequacy of Settlement
Source Language
EN
Personal Injury Civil Procedure Costs Common Fund Costs Taxation of Costs Infant Litigation Adequacy of Settlement

Case Brief

Summary, issues, holding and outcome

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Parties

Jackson Ivan O Neil Amrol

Plaintiff (infant)

Melissa Lippencott Amrol

Next Friend (mother)

Marisol Rivera

Defendant

Procedural Posture

Personal Injuries Action / Costs Variation Application After Judgment (post Trial)

Legal Issues

  1. 1 Whether costs should be awarded on common fund basis in a post-trial infant case
  2. 2 Whether the plaintiff has established special or unusual features justifying departure from ordinary party-and-party costs
  3. 3 Whether the awarded damages are adequate after deduction of legal costs and therefore require protective costs treatment

Ratio Decidendi

Although the ordinary rule after trial is to award party-and-party costs, the court found that the plaintiff demonstrated special and unusual features — modest damages, absence of legal aid, risk that recovered damages would be eroded by costs, and the defendant's active positive defences increasing trial costs — and therefore varied the costs order nisi to award costs on a common fund basis to ensure adequacy of compensation.

Court Disposition

Application granted; costs order nisi varied and costs ordered on common fund basis

Orders

  • Vary costs order nisi: Defendant to pay the Plaintiff's costs of the action on a common fund basis to be taxed if not agreed with certificate for counsel.
  • Costs of this application awarded to the Plaintiff, to be taxed on common fund basis if not agreed and with certificate for counsel.