14 Apr 2022
KWAN HO LAM (a minor) suing by his father and next friend KWAN WAI HEI v. JUMPIN GYM USA LTD
- Citation
- [2022] HKDC 314
- Court
- District Court
- Case number
- DCPI1771/2017
The court exercised its discretionary jurisdiction to allow the withdrawal of the NoD because on balance (1) the infant plaintiff would be prejudiced by further delay, (2) the claim and settlement sum were modest and should be finalised, (3) the defendant was neutral and not prejudiced so long as its position on costs and the agreed payment was preserved, and (4) the plaintiff's principal solicitor admitted supervisory failings and agreed to bear wasted costs; accordingly leave to withdraw the NoD was granted subject to solicitor personal liability for costs on an indemnity basis and directio…