30 Apr 2024
GURUNG ROMI v. PIZZAEXPRESS (HONG KONG) LTD
- Citation
- [2024] HKCFI 1199
- Court
- Court of First Instance
- Case number
- HCPI63/2019
Plaintiff failed to prove defendant breached its duty; even if liability were assumed contributory negligence and a 50% deduction for pre-existing degeneration would reduce any award to nil after accounting for employees' compensation of HK$259,497; accordingly the claim was dismissed and the court made a Nisi Costs Order that plaintiff pay defendant's costs, with provision for taxation and for defendant to claim indemnity costs and interest under Order 22 r23; the plaintiff did not discharge the burden of showing it would be unjust to make the costs order.