ZHENG BIAO v. KWOK WAI LUNG AND OTHERS

ZHENG BIAO v. KWOK WAI LUNG AND OTHERS

Court exercised discretion to order High Court scale costs because plaintiff had a reasonable prospect of obtaining a judgment exceeding District Court jurisdiction when action commenced; New India, having joined and actively litigated and lost the policy coverage point, is liable to indemnify the insured and thus...

Source-derived case information.

Citation
ZHENG BIAO v. KWOK WAI LUNG AND OTHERS
Parties
Plaintiff: Zheng Biao; 1st Defendant: Kwok Wai Lung; 2nd Defendant: Ryoden Engineering Company Limited; 3rd Defendant: Maeda-Kumagai Joint Venture (a firm); 4th Defendant: The New India Assurance Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 January 2006
Case Number
HCPI115/2001
Procedural Posture
Personal Injuries Action / Post Trial Costs Determination (judgment Dated 18 January 2006)
Outcome
Costs ordered on High Court scale; New India to indemnify insured and to meet insured's share of costs; New India ordered to pay a proportion of co-defendants' costs; order nisi made for hearing costs to be apportioned.
Legal Topics
Indemnity Under Third Party Motor Policy, Costs Scale Jurisdiction, Apportionment of Liability, Contributory Negligence, Res Judicata, Enforcement of Judgment
Source Language
en
Tort Insurance Law Civil Procedure Costs Indemnity Under Third Party Motor Policy Costs Scale Jurisdiction Apportionment of Liability Contributory Negligence +2 more

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Parties

Zheng Biao

Plaintiff

Kwok Wai Lung

1st Defendant

Ryoden Engineering Company Limited

2nd Defendant

Maeda-Kumagai Joint Venture (a firm)

3rd Defendant

The New India Assurance Company Limited

4th Defendant

Procedural Posture

Personal Injuries Action / Post Trial Costs Determination (judgment Dated 18 January 2006)

Legal Issues

  1. 1 Whether costs should be on High Court or District Court scale
  2. 2 Whether New India liable to meet Mr Kwok's share of plaintiff's costs
  3. 3 Whether New India liable to pay a proportion of Ryoden and Maeda-Kumagai's trial costs

Ratio Decidendi

Court exercised discretion to order High Court scale costs because plaintiff had a reasonable prospect of obtaining a judgment exceeding District Court jurisdiction when action commenced; New India, having joined and actively litigated and lost the policy coverage point, is liable to indemnify the insured and thus must pay the insured's 85% share of plaintiff's costs and must pay 20% of Ryoden and Maeda-Kumagai's trial costs because the indemnity issue materially contributed to trial length and complexity.

Court Disposition

Costs ordered on High Court scale; New India to indemnify insured and to meet insured's share of costs; New India ordered to pay a proportion of co-defendants' costs; order nisi made for hearing costs to be apportioned.

Orders

  • Costs to be paid on the High Court scale in favour of the Plaintiff
  • The New India Assurance Company Limited to pay 85% of the costs to which the Plaintiff is entitled (representing Mr Kwok's share)