MAN TIM WAN v. CHUNG TAI HOI

MAN TIM WAN v. CHUNG TAI HOI

The court found the Defendant's hearsay defence was fabricated after pleadings, was scandalous/vexatious and pursued with ulterior motive, and the Defendant knowingly participated under influence of her sons whose evidence was unreliable; therefore indemnity costs were appropriate and the costs order nisi was varied to require the Defendant to pay the Plaintiff's costs on an indemnity basis, taxed if not agreed.

Citation
MAN TIM WAN v. CHUNG TAI HOI
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 May 2010
Case Number
DCCJ5012/2007
Procedural Posture
Possession Proceedings (landlord and Tenant) / Costs Variation Application Post Trial
Outcome
Application granted: costs order varied to award indemnity costs in favour of the Plaintiff.
Legal Topics
Costs on Indemnity Basis, Vexatious or Scandalous Proceedings, Hearsay Evidence, Joinder of Non Parties for Costs
Source Language
EN
Civil Procedure Costs Landlord and Tenant Evidence Costs on Indemnity Basis Vexatious or Scandalous Proceedings Hearsay Evidence Joinder of Non Parties for Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Possession Proceedings (landlord and Tenant) / Costs Variation Application Post Trial

Legal Issues

  1. 1 Whether the defendant should be ordered to pay costs on an indemnity basis
  2. 2 Whether the defendant's defence was scandalous, vexatious or pursued for an ulterior motive
  3. 3 Whether non-parties (the defendant's sons) should be joined for costs under Order 62 r.6A

Ratio Decidendi

The court found the Defendant's hearsay defence was fabricated after pleadings, was scandalous/vexatious and pursued with ulterior motive, and the Defendant knowingly participated under influence of her sons whose evidence was unreliable; therefore indemnity costs were appropriate and the costs order nisi was varied to require the Defendant to pay the Plaintiff's costs on an indemnity basis, taxed if not agreed.

Court Disposition

Application granted: costs order varied to award indemnity costs in favour of the Plaintiff.

Orders

  • The Defendant do pay the costs of the action to the Plaintiff with certificate for counsel, on an indemnity basis, to be taxed if not agreed.
  • Cost of and occasioned by the Plaintiff's summons dated 18th May 2010 be to the Plaintiff with certificate for counsel to be taxed if not agreed.