YEUNG KAM KUEN AND OTHERS v. LIOU JE IANG AND ANOTHER

YEUNG KAM KUEN AND OTHERS v. LIOU JE IANG AND ANOTHER

Because the plaintiffs succeeded on liability but failed on substantial elements of quantum and the defendants' Calderbank offers were not paid into court, the correct exercise of the court's discretion is to order that each party bears their own costs. Interest is awarded at prime plus 1% per annum on the judgment sum from the date of writ (23 August 2011) to date of judgment (12 September 2017) but reduced to 70% of that period to reflect plaintiff delay (approximately depriving interest for about two years); post‑judgment interest runs at the statutory judgment rate until payment.

Citation
YEUNG KAM KUEN AND OTHERS v. LIOU JE IANG AND ANOTHER
Parties
Plaintiff: Plaintiffs; Defendant: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 November 2017
Case Number
HCMP1609/2011
Procedural Posture
Sale and Purchase of Property; Alleged Defective Title and Repudiation / Decision on Costs and Interest After Final Judgment (post‑judgment)
Outcome
Each party to bear its own costs; plaintiffs awarded specified judgment sums and reduced pre‑judgment interest as exercised under s48
Legal Topics
Repudiation of Contract, Defective Title, Return of Deposit, Calderbank Offers, Discretionary Interest Under S48 HCO
Source Language
EN
Contract Property Civil Procedure Costs and Interest Repudiation of Contract Defective Title Return of Deposit Calderbank Offers +1 more

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Parties

Plaintiffs

Plaintiff

Defendants

Defendant

Procedural Posture

Sale and Purchase of Property; Alleged Defective Title and Repudiation / Decision on Costs and Interest After Final Judgment (post‑judgment)

Legal Issues

  1. 1 Whether plaintiffs are entitled to costs after succeeding on liability but failing on substantial quantum of loss
  2. 2 Whether Calderbank settlement offers not paid into court can be relied on for costs
  3. 3 What interest rate and period should be awarded on the judgment sum under s48 High Court Ordinance

Ratio Decidendi

Because the plaintiffs succeeded on liability but failed on substantial elements of quantum and the defendants' Calderbank offers were not paid into court, the correct exercise of the court's discretion is to order that each party bears their own costs. Interest is awarded at prime plus 1% per annum on the judgment sum from the date of writ (23 August 2011) to date of judgment (12 September 2017) but reduced to 70% of that period to reflect plaintiff delay (approximately depriving interest for about two years); post‑judgment interest runs at the statutory judgment rate until payment.

Court Disposition

Each party to bear its own costs; plaintiffs awarded specified judgment sums and reduced pre‑judgment interest as exercised under s48

Orders

  • Each party shall bear its own costs of this action including any reserved costs.
  • Judgment as previously given (Sep 2017) for return of deposit HK$400,000 and wasted conveyancing expenses HK$5,000 remains payable.