TO WAI CHAN HENRY v. AON SERVICES HONG KONG LTD

TO WAI CHAN HENRY v. AON SERVICES HONG KONG LTD

Because the defendant unreasonably refused the plaintiff's earlier sensible offer to withdraw the appeal with no order as to costs, then later asserted and abandoned a cross-appeal and sought costs despite having substantially changed its case after the master's hearing (changes which would require special grounds to admit on appeal), the defendant must bear the costs of the appeal and the withdrawal application from 30 October 2014 onwards; up to 30 October 2014 there will be no order as to costs; costs of the hearing today follow the event in the plaintiff's favour.

Citation
TO WAI CHAN HENRY v. AON SERVICES HONG KONG LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2014
Case Number
HCA427/2014
Procedural Posture
Civil Action Summary Judgment Application and Appeal From Master / Application to Withdraw Appeal and Costs Hearing in Chambers
Outcome
Leave granted to plaintiff to withdraw the Notice of Appeal; costs allocated as between the parties as specified below.
Legal Topics
Summary Judgment, Conditional Leave to Defend, Withdrawal of Appeal, Costs of Appeal, Payment Into Court, Admission of New Evidence on Appeal
Source Language
EN
Civil Procedure Employment Law Contract Law Costs Law Summary Judgment Conditional Leave to Defend Withdrawal of Appeal Costs of Appeal +2 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Action Summary Judgment Application and Appeal From Master / Application to Withdraw Appeal and Costs Hearing in Chambers

Legal Issues

  1. 1 Whether the plaintiff should be permitted to withdraw the appeal
  2. 2 Which party should bear the costs of the appeal and the withdrawal application
  3. 3 Whether the defendant can rely on newly particularised matters on appeal absent special grounds under Order 58 r1

Ratio Decidendi

Because the defendant unreasonably refused the plaintiff's earlier sensible offer to withdraw the appeal with no order as to costs, then later asserted and abandoned a cross-appeal and sought costs despite having substantially changed its case after the master's hearing (changes which would require special grounds to admit on appeal), the defendant must bear the costs of the appeal and the withdrawal application from 30 October 2014 onwards; up to 30 October 2014 there will be no order as to costs; costs of the hearing today follow the event in the plaintiff's favour.

Court Disposition

Leave granted to plaintiff to withdraw the Notice of Appeal; costs allocated as between the parties as specified below.

Orders

  • Leave be given to the plaintiff to withdraw the Notice of Appeal to Judge in Chambers dated 20 August 2014
  • No order as to the costs of the plaintiff's appeal up to and including 30 October 2014