WAN CHI HING v. LAU WAI FAN t/a FAN’s TRADING CO

WAN CHI HING v. LAU WAI FAN t/a FAN’s TRADING CO

The court denied the plaintiff's application to vary the judgment because the facts and law did not present exceptional or strong reasons to reopen the judgment; pre-judgment interest was awarded at HSBC prime plus 1% per annum (the conventional compensatory rate) with interest on specific deposits to run from stipulated dates and interest disallowed for July 2008–June 2009 for unexplained delay; costs incurred before transfer were not ordered on the District Court scale because a correctly transferred case is treated as High Court in nature; a certificate for two counsel was granted for the defendant in HCA 1555/2013; each party bears their own costs of the summonses.

Citation
WAN CHI HING v. LAU WAI FAN t/a FAN’s TRADING CO
Parties
Plaintiff (hca 1554/2013; HCA 1555/2013): Wan Chi Hing; Defendant (hca 1554/2013): Strong Master Corporation Limited; Defendant (hca 1555/2013): Lau Wai Fan trading as Fan's Trading Company
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 December 2015
Case Number
HCA1555/2013
Procedural Posture
Civil – Consolidated Actions Transferred From District Court to High Court / Post Judgment Applications to Vary Judgment and for Interest/costs Certificates
Outcome
Applications partly allowed and partly dismissed: plaintiff's reconsideration application dismissed; pre-judgment interest awarded at HSBC prime +1% with specified disallowance and specified commencement dates for deposit interest; court-scale application dismissed; certificate for two counsel granted for defendant...
Legal Topics
Reconsideration of Judgment, Pre Judgment Interest, Costs Scale After Transfer, Certificate for Two Counsel, Unjust Enrichment, Contract Construction
Source Language
EN
Civil Procedure Contract Law Equity Costs Law Remedies (interest) Reconsideration of Judgment Pre Judgment Interest Costs Scale After Transfer +3 more

Case Brief

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Parties

Wan Chi Hing

Plaintiff (hca 1554/2013; HCA 1555/2013)

Strong Master Corporation Limited

Defendant (hca 1554/2013)

Lau Wai Fan trading as Fan's Trading Company

Defendant (hca 1555/2013)

Procedural Posture

Civil – Consolidated Actions Transferred From District Court to High Court / Post Judgment Applications to Vary Judgment and for Interest/costs Certificates

Legal Issues

  1. 1 Whether the court should reconsider and vary the judgment in favour of the plaintiff (Reconsideration of Judgment Issue)
  2. 2 Whether interest should be awarded, for what period and at what rate (Interest Issue)
  3. 3 Whether costs incurred before transfer should be taxed on the District Court scale (Court Scale Issue)

Ratio Decidendi

The court denied the plaintiff's application to vary the judgment because the facts and law did not present exceptional or strong reasons to reopen the judgment; pre-judgment interest was awarded at HSBC prime plus 1% per annum (the conventional compensatory rate) with interest on specific deposits to run from stipulated dates and interest disallowed for July 2008–June 2009 for unexplained delay; costs incurred before transfer were not ordered on the District Court scale because a correctly transferred case is treated as High Court in nature; a certificate for two counsel was granted for the defendant in HCA 1555/2013; each party bears their own costs of the summonses.

Court Disposition

Applications partly allowed and partly dismissed: plaintiff's reconsideration application dismissed; pre-judgment interest awarded at HSBC prime +1% with specified disallowance and specified commencement dates for deposit interest; court-scale application dismissed; certificate for two counsel granted for defendant...

Orders

  • Plaintiff's application to vary paras 98 and 111(3) of the Judgment dismissed
  • Pre-judgment interest awarded at HSBC prime rate plus 1% per annum; interest disallowed for period July 2008 to June 2009