SUN JIANQIANG v. CHAN TAI KAU AND ANOTHER

SUN JIANQIANG v. CHAN TAI KAU AND ANOTHER

Once the threshold conditions of Order 29 r.11 are satisfied, the court need not require proof of specific need; it must order an amount the court considers just not exceeding a reasonable proportion of likely recoverable damages and guard against overpayment. Applying that, with interlocutory judgment entered and a...

Source-derived case information.

Citation
SUN JIANQIANG v. CHAN TAI KAU AND ANOTHER
Parties
Plaintiff: Sun Jianqiang; 1st Defendant: Chan Tai Kau; 2nd Defendant: Intercontinental Hire Cars Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2001
Case Number
HCPI1375/2000
Procedural Posture
Personal Injuries Action / Appeal From Master's Dismissal of Interim Payment Application; Interlocutory Judgment Entered; Damages to Be Assessed
Outcome
Order of Master set aside; interim payment ordered in favour of plaintiff
Legal Topics
Interim Payment, Interlocutory Judgment, Damages Assessment, Overpayment Risk, Judicial Discretion Under Order 29 R.11
Source Language
en
Civil Personal Injury Civil Procedure Interim Payment Interlocutory Judgment Damages Assessment Overpayment Risk Judicial Discretion Under Order 29 R.11

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Parties

Sun Jianqiang

Plaintiff

Chan Tai Kau

1st Defendant

Intercontinental Hire Cars Ltd

2nd Defendant

Procedural Posture

Personal Injuries Action / Appeal From Master's Dismissal of Interim Payment Application; Interlocutory Judgment Entered; Damages to Be Assessed

Legal Issues

  1. 1 Whether a plaintiff must show need or hardship to obtain an interim payment under Order 29 r.11
  2. 2 Proper quantum for interim payment without causing overpayment
  3. 3 Whether general and future damages may be considered in fixing interim payment

Ratio Decidendi

Once the threshold conditions of Order 29 r.11 are satisfied, the court need not require proof of specific need; it must order an amount the court considers just not exceeding a reasonable proportion of likely recoverable damages and guard against overpayment. Applying that, with interlocutory judgment entered and a conservative estimate of total damages of at least HK$300,000, an interim payment of HK$150,000 was just and appropriate.

Court Disposition

Order of Master set aside; interim payment ordered in favour of plaintiff

Orders

  • Master Kwan's order of 16 March 2001 set aside
  • Defendants to pay plaintiff HK$150,000 by way of interim payment to plaintiff's solicitors within 21 days