IRVING MATTHEW WILLIAM AND ANOTHER v. MAN CHUN YEUNG AND ANOTHER

IRVING MATTHEW WILLIAM AND ANOTHER v. MAN CHUN YEUNG AND ANOTHER

Applying Order 22 r 23 RDC, plaintiffs failed to beat the sanctioned payment of HK$320,000; court disallowed interest on damages and special damages from 7 January 2015 to judgment; defendants liable for interest and plaintiffs' costs up to 6 January 2015; plaintiffs to pay defendants' costs from 7 January 2015 to 23 March 2016 on a party-to-party basis (indemnity refused) and interest on those costs awarded at 4.5% p.a.; sums awarded to the minor already ordered paid into court remain so, HK$37,761 plus accrued interest to be kept in court, and the balance of the sanctioned payment after those retentions to be paid out to defendants.

Citation
IRVING MATTHEW WILLIAM AND ANOTHER v. MAN CHUN YEUNG AND ANOTHER
Parties
1st Plaintiff: Irving Matthew William (suing by his father and next friend Irving William Samuel); 2nd Plaintiff: Wong Yui Shan Vanness; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 July 2016
Case Number
DCPI2242/2013
Procedural Posture
Personal Injuries Action / Post Judgment Application to Vary Costs Order Nisi (costs Variation Application)
Outcome
Order Nisi varied to restrict interest to period up to 6 January 2015, award defendants costs from 7 January 2015 to judgment on party-to-party basis, award interest on those costs at 4.5% p.a., retain specified sums in court and pay balance of sanctioned payment to defendants; plaintiffs to pay costs of summons on...
Legal Topics
Sanctioned Payment, Order 22 Rule 23 RDC, Interest on Damages, Costs Orders (party to Party Vs Indemnity), Set Off of Costs, Protection of Minor's Award, Taxation of Costs
Source Language
EN
Civil Personal Injury Civil Procedure Costs and Interest Sanctioned Payment Order 22 Rule 23 RDC Interest on Damages Costs Orders (party to Party Vs Indemnity) +3 more

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Parties

Irving Matthew William (suing by his father and next friend Irving William Samuel)

1st Plaintiff

Wong Yui Shan Vanness

2nd Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Personal Injuries Action / Post Judgment Application to Vary Costs Order Nisi (costs Variation Application)

Legal Issues

  1. 1 Whether plaintiff failed to obtain judgment better than sanctioned payment and consequences under Order 22 r 23 RDC
  2. 2 Whether to disallow interest on damages after the latest date the sanctioned payment could have been accepted without leave
  3. 3 Whether defendants are entitled to costs incurred after that date and on what basis (party-to-party or indemnity)

Ratio Decidendi

Applying Order 22 r 23 RDC, plaintiffs failed to beat the sanctioned payment of HK$320,000; court disallowed interest on damages and special damages from 7 January 2015 to judgment; defendants liable for interest and plaintiffs' costs up to 6 January 2015; plaintiffs to pay defendants' costs from 7 January 2015 to 23 March 2016 on a party-to-party basis (indemnity refused) and interest on those costs awarded at 4.5% p.a.; sums awarded to the minor already ordered paid into court remain so, HK$37,761 plus accrued interest to be kept in court, and the balance of the sanctioned payment after those retentions to be paid out to defendants.

Court Disposition

Order Nisi varied to restrict interest to period up to 6 January 2015, award defendants costs from 7 January 2015 to judgment on party-to-party basis, award interest on those costs at 4.5% p.a., retain specified sums in court and pay balance of sanctioned payment to defendants; plaintiffs to pay costs of summons on...

Orders

  • 1st and 2nd defendants to pay interest on general damages at 2% per annum from date of writ (29 Oct 2013) until 6 Jan 2015 only.
  • 1st and 2nd defendants to pay interest on special damages at half judgment rate from date of accident (16 Apr 2013) until 6 Jan 2015 only.