10 Oct 2024
TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED v. CHOY CHIU YEE RITA
- Citation
- [2024] HKDC 1589
- Court
- District Court
- Case number
- DCEO13/2019
Court held respondent failed to discharge burden to show the actions were frivolous or that special circumstances existed. The claimant's reliance on hearsay and limited contemporaneous documents did not make the claims manifestly misconceived given the evidential context and need to avoid hindsight. However, because the employment claim overlapped substantially and the claimant lost that claim, the court exercised discretion to vary the costs nisi and ordered the claimant to pay 25% of the costs of the consolidated actions with certificate for counsel, taxed party and party if not agreed; no…