NG YEE PING v. THE INCORPORATED OWNERS OF NO 4 KAI CHIU ROAD AND ANOTHER

NG YEE PING v. THE INCORPORATED OWNERS OF NO 4 KAI CHIU ROAD AND ANOTHER

The court refused to depart from the general rule that costs follow the event: the plaintiff failed to show special circumstances to deny costs because she had a duty to identify the correct defendant and her explanations for failing to locate the land search were unpersuasive; accordingly leave to discontinue was granted but the plaintiff must pay the 1st defendant's costs up to the date of the order.

Citation
NG YEE PING v. THE INCORPORATED OWNERS OF NO 4 KAI CHIU ROAD AND ANOTHER
Parties
Plaintiff: Ng Yee Ping; 1st Defendant: The Incorporated Owners of No 4 Kai Chiu Road; 2nd Defendant: Wah On Engineering Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 October 2015
Case Number
DCPI122/2014
Procedural Posture
Personal Injuries / Costs Application Following Application for Leave to Discontinue
Outcome
Leave granted to discontinue claim against the 1st defendant; costs awarded to the 1st defendant
Legal Topics
Discontinuance, Costs, Duty to Identify Proper Defendant, Pre Action Protocol
Source Language
EN
Civil Litigation Personal Injury Costs Discontinuance Duty to Identify Proper Defendant Pre Action Protocol

Case Brief

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Parties

Ng Yee Ping

Plaintiff

The Incorporated Owners of No 4 Kai Chiu Road

1st Defendant

Wah On Engineering Limited

2nd Defendant

Procedural Posture

Personal Injuries / Costs Application Following Application for Leave to Discontinue

Legal Issues

  1. 1 Whether the defendant is entitled to costs when the plaintiff discontinues the action
  2. 2 Whether the court should exercise its discretion to depart from the general rule on costs
  3. 3 Whether the plaintiff took reasonable steps to identify the correct defendant

Ratio Decidendi

The court refused to depart from the general rule that costs follow the event: the plaintiff failed to show special circumstances to deny costs because she had a duty to identify the correct defendant and her explanations for failing to locate the land search were unpersuasive; accordingly leave to discontinue was granted but the plaintiff must pay the 1st defendant's costs up to the date of the order.

Court Disposition

Leave granted to discontinue claim against the 1st defendant; costs awarded to the 1st defendant

Orders

  • Leave granted for the plaintiff to discontinue her claim against the 1st defendant.
  • The plaintiff to pay the costs of the 1st defendant in this action up to the date of the order, including the plaintiff's summons filed on 3 August 2015, to be taxed if not agreed.