MEHMOOD KHALID v. MILLION HARVEST WHARVES & LOGISTICS LTD AND OTHERS

MEHMOOD KHALID v. MILLION HARVEST WHARVES & LOGISTICS LTD AND OTHERS

Because the plaintiff properly joined alternative defendants, Millions Harvest's solicitors failed to respond to pre-writ inquiries and disclosure showed Millions Harvest Assets was not liable, and Millions Harvest chose to run the matter to trial and assert contributory negligence against Mr Yeung, the court made a...

Source-derived case information.

Citation
MEHMOOD KHALID v. MILLION HARVEST WHARVES & LOGISTICS LTD AND OTHERS
Parties
Plaintiff: Mehmood Khalid; 1st Defendant: Million Harvest Wharves & Logistics Limited; 2nd Defendant: Yeung Fat Chai; 3rd Defendant: Million Harvest Assets Investments Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 2007
Case Number
HCPI401/2006
Procedural Posture
Personal Injuries Action / Costs Decision After Judgment
Outcome
Sanderson order made: Millions Harvest must pay Mr Yeung's costs and Millions Harvest Assets' costs up to discontinuance; earlier costs orders in favour of the plaintiff against Millions Harvest to stand as agreed.
Legal Topics
Sanderson Order, Costs Nisi, Discontinuance, Contribution Notice, Contributory Negligence, Discovery, Joinder
Source Language
en
Civil Procedure Costs Personal Injury Employment Law Agency/contractor V Principal Sanderson Order Costs Nisi Discontinuance +4 more

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Summary, issues, holding and outcome

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Parties

Mehmood Khalid

Plaintiff

Million Harvest Wharves & Logistics Limited

1st Defendant

Yeung Fat Chai

2nd Defendant

Million Harvest Assets Investments Limited

3rd Defendant

Procedural Posture

Personal Injuries Action / Costs Decision After Judgment

Legal Issues

  1. 1 Whether a Sanderson order should be made requiring the losing defendant to pay the costs of successful co-defendants
  2. 2 Whether the plaintiff properly joined alternative defendants
  3. 3 Who should bear costs following discontinuance of a defendant

Ratio Decidendi

Because the plaintiff properly joined alternative defendants, Millions Harvest's solicitors failed to respond to pre-writ inquiries and disclosure showed Millions Harvest Assets was not liable, and Millions Harvest chose to run the matter to trial and assert contributory negligence against Mr Yeung, the court made a Sanderson order requiring Millions Harvest to pay Mr Yeung's costs and Millions Harvest Assets' costs up to discontinuance.

Court Disposition

Sanderson order made: Millions Harvest must pay Mr Yeung's costs and Millions Harvest Assets' costs up to discontinuance; earlier costs orders in favour of the plaintiff against Millions Harvest to stand as agreed.

Orders

  • Order that Millions Harvest will pay Mr Khalid's costs of the action against Millions Harvest, and Mr Khalid's costs of the action against Millions Harvest Assets up to the discontinuance, as agreed between parties.
  • Order that Millions Harvest must pay Mr Yeung's own costs of defending Mr Khalid's action and Millions Harvest Assets' own costs of defending the action up to discontinuance (Sanderson order).