WONG KI v. SHUN TAK ELECTRICAL, MECHANICAL AND AIR-CONDITIONING ENGINEERING (HONG KONG) CO LTD

WONG KI v. SHUN TAK ELECTRICAL, MECHANICAL AND AIR-CONDITIONING ENGINEERING (HONG KONG) CO LTD

Applicant not entitled to costs against the 1st respondent from 20 September 2007 because the applicant's solicitors failed in their duty to investigate and act with due diligence after the 1st respondent filed its list of documents disclosing its incorporation date; the 1st respondent had no duty to volunteer that information; therefore applicant must bear the 1st respondent's costs from that date and costs of the application, with taxation under Legal Aid Regulations and certificate for counsel granted to the 1st respondent.

Citation
WONG KI v. SHUN TAK ELECTRICAL, MECHANICAL AND AIR-CONDITIONING ENGINEERING (HONG KONG) CO LTD
Parties
Applicant: WONG KI; 1st Respondent: SHUN TAK ELECTRICAL, MECHANICAL AND AIR-CONDITIONING ENGINEERING (HONG KONG) CO. LTD.; 2nd Respondent: CHAN LAI KUN formerly trading as MOON SHING ENGINEERING CO.; 3rd Respondent: BANK OF CHINA GROUP INSURANCE COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 April 2008
Case Number
DCEC835/2007
Procedural Posture
Employees' Compensation / Costs Application Following Discontinuance
Outcome
Applicant ordered to pay the 1st respondent's costs from 20 September 2007 and to bear the costs of the application and hearing; 1st respondent granted certificate for counsel; applicant's own costs to be taxed in accordance with the Legal Aid Regulations; applicant's solicitor to submit written reasons why they...
Legal Topics
Workers' Compensation, Costs of Litigation, Party Joinder, Incorporation Date as Defence, Duty to Investigate, Legal Aid Taxation
Source Language
EN
Employment Law Civil Procedure Costs Insurance Law Workers' Compensation Costs of Litigation Party Joinder Incorporation Date as Defence +2 more

Case Brief

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Parties

WONG KI

Applicant

SHUN TAK ELECTRICAL, MECHANICAL AND AIR-CONDITIONING ENGINEERING (HONG KONG) CO. LTD.

1st Respondent

CHAN LAI KUN formerly trading as MOON SHING ENGINEERING CO.

2nd Respondent

BANK OF CHINA GROUP INSURANCE COMPANY LIMITED

3rd Respondent

Procedural Posture

Employees' Compensation / Costs Application Following Discontinuance

Legal Issues

  1. 1 Whether applicant entitled to costs against 1st respondent after discontinuance
  2. 2 Whether 1st respondent had a duty to disclose its incorporation date or otherwise assist the applicant
  3. 3 Whether the applicant's solicitors failed in their duty of investigation and should personally bear costs

Ratio Decidendi

Applicant not entitled to costs against the 1st respondent from 20 September 2007 because the applicant's solicitors failed in their duty to investigate and act with due diligence after the 1st respondent filed its list of documents disclosing its incorporation date; the 1st respondent had no duty to volunteer that information; therefore applicant must bear the 1st respondent's costs from that date and costs of the application, with taxation under Legal Aid Regulations and certificate for counsel granted to the 1st respondent.

Court Disposition

Applicant ordered to pay the 1st respondent's costs from 20 September 2007 and to bear the costs of the application and hearing; 1st respondent granted certificate for counsel; applicant's own costs to be taxed in accordance with the Legal Aid Regulations; applicant's solicitor to submit written reasons why they...

Orders

  • Applicant to bear 1st respondent's costs from 20 September 2007
  • Costs of this application and hearing to be borne by the applicant