NG CHO CHU JUDY v. CHAN WING HUNG

NG CHO CHU JUDY v. CHAN WING HUNG

The plaintiff's summons was premature because the defendant had provided constructive pre-action replies and had disclosed the police statements within the timeframe contemplated by Practice Direction 18.1; the defendant's solicitors acted promptly and did not withhold documents, therefore costs of the plaintiff's...

Source-derived case information.

Citation
NG CHO CHU JUDY v. CHAN WING HUNG
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 May 2015
Case Number
DCPI655/2015
Procedural Posture
Civil Personal Injury (costs Application) / Chambers Hearing on Costs Following Plaintiff's Summons and Consent to Discovery
Outcome
Costs awarded to defendant. Plaintiff ordered to pay the costs of and incidental to the plaintiff's summons, to be taxed if not agreed; not on an indemnity basis.
Legal Topics
Costs, Discovery, Pre Action Protocol, Practice Directions, Conduct of Parties, Order 62 Rule 5
Source Language
en
Civil Procedure Costs Personal Injury Disclosure Discovery Pre Action Protocol Practice Directions Conduct of Parties +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Personal Injury (costs Application) / Chambers Hearing on Costs Following Plaintiff's Summons and Consent to Discovery

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs for the plaintiff's summons
  2. 2 Whether the plaintiff's summons was premature
  3. 3 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

The plaintiff's summons was premature because the defendant had provided constructive pre-action replies and had disclosed the police statements within the timeframe contemplated by Practice Direction 18.1; the defendant's solicitors acted promptly and did not withhold documents, therefore costs of the plaintiff's summons are payable by the plaintiff, but not on an indemnity basis as the plaintiff's conduct was not utterly unreasonable.

Court Disposition

Costs awarded to defendant. Plaintiff ordered to pay the costs of and incidental to the plaintiff's summons, to be taxed if not agreed; not on an indemnity basis.

Orders

  • The costs of and incidental to the plaintiff's summons are to be paid by the plaintiff to the defendant forthwith.
  • Costs to be taxed if not agreed.