WU YIM KWONG KINDWIND v. MANHOOD DEVELOPMENT LTD

WU YIM KWONG KINDWIND v. MANHOOD DEVELOPMENT LTD

The defendant refused mediation and failed to provide any reasonable explanation (nature of the claim, plaintiff's attitude, and absence of settlement offers were not reasonable explanations); refusal to mediate without reasonable excuse justified varying the costs order nisi and depriving the defendant of an entitlement to costs; consequently the costs order nisi was varied to no order as to costs and the defendant was ordered to pay the plaintiff's costs of the summons assessed at $37,500.

Citation
WU YIM KWONG KINDWIND v. MANHOOD DEVELOPMENT LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 July 2015
Case Number
DCCJ3839/2012
Procedural Posture
Civil Adverse Possession / Post Judgment Variation of Costs Order (summons)
Outcome
Costs order nisi varied: no order as to costs of this action; plaintiff awarded costs of the summons payable by the defendant.
Legal Topics
Costs, Mediation, Practice Directions, Adverse Possession, Summary Assessment
Source Language
EN
Civil Procedure Property Law Alternative Dispute Resolution Costs Mediation Practice Directions Adverse Possession Summary Assessment

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Adverse Possession / Post Judgment Variation of Costs Order (summons)

Legal Issues

  1. 1 Whether a party's refusal to engage in mediation without reasonable explanation justifies an adverse costs order
  2. 2 Whether the defendant provided a reasonable explanation for refusing mediation
  3. 3 Whether the costs order nisi should be varied

Ratio Decidendi

The defendant refused mediation and failed to provide any reasonable explanation (nature of the claim, plaintiff's attitude, and absence of settlement offers were not reasonable explanations); refusal to mediate without reasonable excuse justified varying the costs order nisi and depriving the defendant of an entitlement to costs; consequently the costs order nisi was varied to no order as to costs and the defendant was ordered to pay the plaintiff's costs of the summons assessed at $37,500.

Court Disposition

Costs order nisi varied: no order as to costs of this action; plaintiff awarded costs of the summons payable by the defendant.

Orders

  • Costs order nisi varied to the effect that there be no order as to costs of this action
  • Defendant to pay the plaintiff the costs of the summons