WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS

WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS

The court found the 3rd defendant solely liable for the accident, that it was reasonable for the plaintiff to join the 1st and 2nd defendants because the same incident and damages were at issue and the 3rd defendant had attempted to shift blame and pursued contribution, and therefore the 3rd defendant must bear the...

Source-derived case information.

Citation
WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS
Parties
Plaintiff: Wong Hin Chuen; 1st Defendant: Wang On Majorluck Limited; 2nd Defendant: Choi Wu Tong trading as Chuen Yuen Cleaning & Pest Control Service Company; 3rd Defendant: Greatest Wealth Limited trading as g>e
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2017
Case Number
DCPI58/2015
Procedural Posture
Personal Injuries Action / Post Trial Costs Variation Application
Outcome
Application for variation dismissed; all nisi costs orders made absolute against the 3rd defendant
Legal Topics
Slip and Fall, Contribution and Indemnity, Sanderson/bullock Orders, Calderbank Offer
Source Language
en
Tort Personal Injury Negligence Civil Costs Slip and Fall Contribution and Indemnity Sanderson/bullock Orders Calderbank Offer

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Parties

Wong Hin Chuen

Plaintiff

Wang On Majorluck Limited

1st Defendant

Choi Wu Tong trading as Chuen Yuen Cleaning & Pest Control Service Company

2nd Defendant

Greatest Wealth Limited trading as g>e

3rd Defendant

Procedural Posture

Personal Injuries Action / Post Trial Costs Variation Application

Legal Issues

  1. 1 Whether it was reasonable for the plaintiff to join the 1st and 2nd defendants such that the 3rd defendant should pay their costs
  2. 2 Whether the 3rd defendant led or induced the plaintiff to join the 1st and 2nd defendants
  3. 3 Whether a Sanderson or Bullock order should be made and who should bear costs of contribution and indemnity proceedings

Ratio Decidendi

The court found the 3rd defendant solely liable for the accident, that it was reasonable for the plaintiff to join the 1st and 2nd defendants because the same incident and damages were at issue and the 3rd defendant had attempted to shift blame and pursued contribution, and therefore the 3rd defendant must bear the costs orders nisi (including costs of contribution and indemnity proceedings) which are made absolute; the application to vary was dismissed.

Court Disposition

Application for variation dismissed; all nisi costs orders made absolute against the 3rd defendant

Orders

  • All nisi costs orders made absolute
  • 3rd defendant to pay costs of this application to the plaintiff, the 1st defendant and the 2nd defendant, with certificate for counsel, to be taxed if not agreed