7 Nov 2014
WONG CHIM HING V. DISCOVERY BAY TRANSIT SERVICES LIMITED
- Citation
- WONG CHIM HING V. DISCOVERY BAY TRANSIT SERVICES LIMITED
- Court
- Court of First Instance
- Case number
- HCPI254/2011
The default rule is that a plaintiff who accepts a defendant's sanctioned payment in the High Court is prima facie entitled to have costs up to the date of acceptance taxed on the High Court scale, but the court may, in exceptional circumstances, invoke the 'otherwise' proviso in Order 22 r.20 to order taxation on the District Court scale. Exceptional circumstances can include acceptance of a sanctioned payment below the District Court jurisdictional limit of HK$1,000,000 where there is no objective evidence supporting a prospect of recovery above that limit; the defendant should normally giv…