JIANG ZHONG v. UP CHEER LTD AND OTHERS

JIANG ZHONG v. UP CHEER LTD AND OTHERS

Given the Fund Board's broad joinder and pleadings which required strict proof against both named employers and the Fund Board's risk of payment under the ECAO, the court exercised its discretion under the District Court Ordinance and Order 62 to vary the costs nisi: the Fund Board is jointly and severally liable for Jiang's costs in both the EC and PI actions and may recover from Yeung and Up Cheer respectively; separately, the Fund Board's costs in the EC Action are payable by Yeung alone; execution against the Fund Board is stayed for three months to allow recovery from Yeung and Up Cheer.

Citation
JIANG ZHONG v. UP CHEER LTD AND OTHERS
Parties
Applicant/plaintiff: Jiang; 1st Respondent/defendant: Yeung; Defendant: Up Cheer; Defendant: Cheng; Respondent/intervener: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 April 2016
Case Number
DCPI2047/2011
Procedural Posture
Employee Compensation (ec) and Personal Injury (pi) Actions; Costs Variation / Post Judgment Costs Variation Hearing (variation of Costs Nisi)
Outcome
Costs orders nisi varied in favour of Jiang as sought in his summonses; specific allocation of costs against Fund Board, Yeung and Up Cheer ordered with limited stay on execution
Legal Topics
Costs Orders, Joinder Under ECAO S25 a, Subrogation, Bullock/sanderson Orders, Exercise of Judicial Discretion on Costs
Source Language
EN
Civil Litigation Costs Law Employment Compensation Procedural/joinder Law Costs Orders Joinder Under ECAO S25 a Subrogation Bullock/sanderson Orders +1 more

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Parties

Jiang

Applicant/plaintiff

Yeung

1st Respondent/defendant

Up Cheer

Defendant

Cheng

Defendant

Employees Compensation Assistance Fund Board

Respondent/intervener

Procedural Posture

Employee Compensation (ec) and Personal Injury (pi) Actions; Costs Variation / Post Judgment Costs Variation Hearing (variation of Costs Nisi)

Legal Issues

  1. 1 Whether the Employees Compensation Assistance Fund Board (Fund Board) should be ordered jointly and severally liable for the successful plaintiff's costs in the EC and PI actions
  2. 2 Whether the Fund Board's costs in the EC Action should be paid by Yeung alone
  3. 3 Appropriate form of costs order where one defendant succeeds and another fails (Bullock/Sanderson principles)

Ratio Decidendi

Given the Fund Board's broad joinder and pleadings which required strict proof against both named employers and the Fund Board's risk of payment under the ECAO, the court exercised its discretion under the District Court Ordinance and Order 62 to vary the costs nisi: the Fund Board is jointly and severally liable for Jiang's costs in both the EC and PI actions and may recover from Yeung and Up Cheer respectively; separately, the Fund Board's costs in the EC Action are payable by Yeung alone; execution against the Fund Board is stayed for three months to allow recovery from Yeung and Up Cheer.

Court Disposition

Costs orders nisi varied in favour of Jiang as sought in his summonses; specific allocation of costs against Fund Board, Yeung and Up Cheer ordered with limited stay on execution

Orders

  • Fund Board to be jointly and severally liable for Jiang's costs in the EC Action together with Yeung
  • Fund Board to be jointly and severally liable for Jiang's costs in the PI Action together with Yeung and Up Cheer