CHAN YUET LUI REBECCA v. THE RITZ-CARLTON LTD AND OTHERS

CHAN YUET LUI REBECCA v. THE RITZ-CARLTON LTD AND OTHERS

The application was dismissed because Ming An sought post-judgment interest against the Hotel before a final judgment had been entered against the Hotel, sought an interest remedy beyond what the assignors could have claimed, declined to bring a restitution claim which would have been the appropriate remedy to recover amounts paid, and the court declined to exercise its discretion under s48(3) to backdate interest to the judgment against Lo; accordingly Ming An cannot recover the claimed post-judgment interest.

Citation
CHAN YUET LUI REBECCA v. THE RITZ-CARLTON LTD AND OTHERS
Parties
Plaintiff: Tse Ngan Heung; Plaintiff: Chan Yuet Lui Rebecca; 1st Defendant: The Ritz-Carlton Limited; 2nd Defendant: Lo Sin Tak; 3rd Defendant (assignee): The Ming An Insurance Co. (HK) Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 August 2006
Case Number
HCPI658/2000
Procedural Posture
Consolidated Personal Injuries Actions / Application for Directions and Preliminary Hearing Following Interlocutory Judgment; Assessment of Damages Issue on Interests
Outcome
Application dismissed
Legal Topics
Assignment of Claims, Post Judgment Interest, Interlocutory and Final Judgment, Assessment of Damages, Reimbursement Vs Restitution, Discretion Under High Court Ordinance S48(3)
Source Language
EN
Personal Injury Tort Insurance Law Civil Procedure Restitution Assignment of Claims Post Judgment Interest Interlocutory and Final Judgment +3 more

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Parties

Tse Ngan Heung

Plaintiff

Chan Yuet Lui Rebecca

Plaintiff

The Ritz-Carlton Limited

1st Defendant

Lo Sin Tak

2nd Defendant

The Ming An Insurance Co. (HK) Ltd

3rd Defendant (assignee)

Procedural Posture

Consolidated Personal Injuries Actions / Application for Directions and Preliminary Hearing Following Interlocutory Judgment; Assessment of Damages Issue on Interests

Legal Issues

  1. 1 Whether an assignee insurer may recover post-judgment interest from a newly adjudged liable party before a final judgment against that party
  2. 2 Whether Ming An as assignee can recover the post-judgment interest it paid to the plaintiffs
  3. 3 Whether the appropriate remedy is a claim for post-judgment interest or a restitution claim for sums paid

Ratio Decidendi

The application was dismissed because Ming An sought post-judgment interest against the Hotel before a final judgment had been entered against the Hotel, sought an interest remedy beyond what the assignors could have claimed, declined to bring a restitution claim which would have been the appropriate remedy to recover amounts paid, and the court declined to exercise its discretion under s48(3) to backdate interest to the judgment against Lo; accordingly Ming An cannot recover the claimed post-judgment interest.

Court Disposition

Application dismissed

Orders

  • Summons dated 17 November 2005 dismissed
  • Costs awarded to the 1st Defendant (order nisi) covering all hearings arising from the Summons