5 Feb 2016
KU, SUET YU AMY v. J.V. FITNESS LTD t/a CALIFORNIA FITNESS
- Citation
- KU, SUET YU AMY v. J.V. FITNESS LTD t/a CALIFORNIA FITNESS
- Court
- Court of First Instance
- Case number
- HCPI266/2015
The court found the defendant proved exceptional circumstances: the pre-action Calderbank offer of HK$280,000 was no worse than the sanctioned payment and the plaintiff acted unreasonably in rejecting that offer; accordingly the otherwise proviso was invoked and a split costs order was just and equitable: plaintiff to have costs up to 16 February 2015 taxed at District Court scale and to pay defendant's costs on High Court scale after that date, with an order nisi that the plaintiff pay the defendant's costs of the summons with a counsel's certificate.