WONG YAU SUI v. MORAL ACCORD LTD AND ANOTHER

WONG YAU SUI v. MORAL ACCORD LTD AND ANOTHER

LARCO s30 substantively extends the defence of tender before action to unliquidated monetary claims; the defence may be invoked irrespective of whether the claim is quantified or whether the pleaded figure exceeds the tender; the defendants’ pre-action payments (HK$242,139 paid into court together with prior periodical payments forming a total tender of HK$300,000) satisfied the statutory requirements and constituted an amount sufficient to satisfy the plaintiff’s claim, therefore the defence was established and the plaintiff’s claim must be dismissed with costs.

Citation
WONG YAU SUI v. MORAL ACCORD LTD AND ANOTHER
Parties
Plaintiff: Wong Yau Sui; 1st Defendant: Moral Accord Limited; 2nd Defendant: Lung Tang Tak Fat Logistics Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 February 2017
Case Number
DCPI1622/2015
Procedural Posture
Personal Injuries Action / Trial for Assessment of Damages; Judgment on Applicability of Tender Before Action and Costs Directions
Outcome
Plaintiff's claim dismissed on basis that defence of tender established; costs to defendants (detailed taxation and sanctioned consequences to be determined at a costs hearing)
Legal Topics
Defence of Tender Before Action, Sanctioned Payments, Payments Into Court, Assessment of Damages, Costs Consequences, Provisional Damages, Statutory Amendment LARCO S30
Source Language
EN
Tort Civil Procedure Employment Law Personal Injury Statutory Interpretation Defence of Tender Before Action Sanctioned Payments Payments Into Court +4 more

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Parties

Wong Yau Sui

Plaintiff

Moral Accord Limited

1st Defendant

Lung Tang Tak Fat Logistics Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Trial for Assessment of Damages; Judgment on Applicability of Tender Before Action and Costs Directions

Legal Issues

  1. 1 Whether the defence of tender before action applies to unliquidated claims
  2. 2 Whether the pre-action payments and payments into court satisfied the statutory requirements for a tender
  3. 3 Whether the offer was unconditional and sufficiently open to found the defence

Ratio Decidendi

LARCO s30 substantively extends the defence of tender before action to unliquidated monetary claims; the defence may be invoked irrespective of whether the claim is quantified or whether the pleaded figure exceeds the tender; the defendants’ pre-action payments (HK$242,139 paid into court together with prior periodical payments forming a total tender of HK$300,000) satisfied the statutory requirements and constituted an amount sufficient to satisfy the plaintiff’s claim, therefore the defence was established and the plaintiff’s claim must be dismissed with costs.

Court Disposition

Plaintiff's claim dismissed on basis that defence of tender established; costs to defendants (detailed taxation and sanctioned consequences to be determined at a costs hearing)

Orders

  • Hearing on costs in chambers with 3 hours reserved to be fixed in consultation with counsel diaries
  • Parties may file and serve any relevant evidence by affidavit no later than 14 days prior to the costs hearing