TSE NGAN HEUNG v. THE RITZ-CARLTON LTD AND OTHERS

TSE NGAN HEUNG v. THE RITZ-CARLTON LTD AND OTHERS

The application was dismissed because there was no final judgment against the Hotel from which post-judgment interest could properly be claimed, Ming An pursued the wrong remedy by claiming post-judgment interest instead of bringing a restitution action for sums paid, and an assignee cannot recover more than the assignor; accordingly Ming An's claim for post-judgment interest failed and the summons was dismissed with costs.

Citation
TSE NGAN HEUNG 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 (applicant): The Ming An Insurance Co. (HK) Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 August 2006
Case Number
HCPI565/1999
Procedural Posture
Consolidated Personal Injuries Actions (hcpi 565/1999; 570/2000; 658/2000) / Application for Directions by 3rd Defendant (summons 17 Nov 2005); Preliminary Hearing on Entitlement to Post Judgment Interest; Decision 10 Aug 2006
Outcome
Summons dismissed
Legal Topics
Post Judgment Interest, Assignment of Claims, Restitution Vs Interest Claim, Assessment of Damages, Interlocutory and Final Judgment
Source Language
EN
Torts Insurance Law Civil Procedure Restitution Post Judgment Interest Assignment of Claims Restitution Vs Interest Claim Assessment of Damages +1 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 (applicant)

Procedural Posture

Consolidated Personal Injuries Actions (hcpi 565/1999; 570/2000; 658/2000) / Application for Directions by 3rd Defendant (summons 17 Nov 2005); Preliminary Hearing on Entitlement to Post Judgment Interest; Decision 10 Aug 2006

Legal Issues

  1. 1 Whether an assignee who has paid judgment sums can claim post-judgment interest from a defendant who was adjudged liable only on appeal and where no final judgment against that defendant yet exists
  2. 2 Whether the court should exercise discretion under s48(3) High Court Ordinance to run interest from an earlier judgment date
  3. 3 Whether the correct cause of action was a claim for post-judgment interest or a restitution claim

Ratio Decidendi

The application was dismissed because there was no final judgment against the Hotel from which post-judgment interest could properly be claimed, Ming An pursued the wrong remedy by claiming post-judgment interest instead of bringing a restitution action for sums paid, and an assignee cannot recover more than the assignor; accordingly Ming An's claim for post-judgment interest failed and the summons was dismissed with costs.

Court Disposition

Summons dismissed

Orders

  • Summons dated 17 November 2005 dismissed with costs (order nisi)
  • Costs order nisi to cover all hearings arising from the Summons