Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 22 rule 8

  • 30 Dec 2020

    LEE CHUI YING AND ANOTHER v. CHAN YEE LING ELAINE

    Citation
    [2020] HKDC 1249
    Court
    District Court
    Case number
    DCPI1665/2011

    The sanctioned payment of October 2014 was validly made under Order 22 rule 8 by the 2nd plaintiff as defendant to a counterclaim, its terms clearly settled the counterclaim and effected discontinuance/set-off of the 2nd plaintiff's claim; the judge's costs variation was a proper exercise of discretion and the proposed grounds of appeal lacked reasonable prospects of success, therefore leave to appeal was refused and costs awarded to the 2nd plaintiff with certificate for counsel.

  • 15 May 2020

    YEUNG KIU YING v. FAIRWOOD FAST FOOD LTD t/a FAIRWOOD

    Citation
    [2020] HKDC 293
    Court
    District Court
    Case number
    DCPI2016/2015

    The notice of sanctioned payment dated 23 May 2016 complied with Order 22 Rule 8 and was valid on its own; accordingly Order 22 Rule 23 applies because the plaintiff failed to obtain a judgment better than that sanctioned payment, but due to the defendant's unreasonable and opportunistic contesting of liability the court declined indemnity costs and instead ordered that plaintiff recover costs up to 20 June 2016 on a party and party basis and that the plaintiff pay the defendant's costs incurred after 20 June 2016 on a party and party basis, with enhanced interest at 1% above judgment rate on…