Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reasonableness of joinder

  • 16 Mar 2021

    TSE CHIU v. 郭健 AND OTHERS

    Citation
    [2021] HKDC 400
    Court
    District Court
    Case number
    DCEC1141/2018

    Given the factual uncertainty as to which respondent was the employer and the 1st respondent's active involvement in recruitment and business operations, it was reasonable to join the 1st respondent; therefore the court exercised its discretion to vary the costs order so that the 2nd and 3rd respondents pay the applicant's and the 1st respondent's costs, taxed if not agreed with certificate for counsel, and the applicant's own costs to be taxed under the Legal Aid Regulations.

  • 25 Sept 2013

    CHONG NGAN SENG v. CHINA HARBOUR ENGINEERING COMPANY LTD AND OTHERS

    Citation
    CHONG NGAN SENG v. CHINA HARBOUR ENGINEERING COMPANY LTD AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV54/2012

    Given the factual matrix, including pleaded allegations of control, evidence of vehicle being used with 1st defendant's materials and an insurer's form suggesting employment, it was reasonable for the plaintiff to have joined the 1st defendant; on discretionary balance, a Sanderson order was fair because potential impecuniosity of other defendants and likely erosion of the plaintiff's damages made direct shifting of the 1st defendant's costs against the 2nd/3rd/4th defendants appropriate; accordingly the court ordered the 2nd/3rd/4th defendants to pay the 1st defendant's costs of the appeal a…

  • 19 Jun 2008

    CHAN SIK PAN v. WYLAM\'S SERVICE LTD AND OTHERS

    Citation
    CHAN SIK PAN v. WYLAM\'S SERVICE LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI648/1995

    Given the special circumstances that the 1st and 2nd defendants generated and held out evidence that misled the plaintiff (and the earlier trial judge) into believing they were the employer, it was reasonable for the plaintiff to sue them; accordingly the court ordered that the 3rd defendant bear the costs of the plaintiff's claims (including those against the 1st and 2nd); the 1st and 2nd defendants were ordered to bear their own costs of defending the action; plaintiff's own costs to be taxed under Legal Aid Regulations; certificate for two counsel awarded.

  • 28 Sept 2006

    TAM KAM FAI v. MICHAEL J DESIGN LTD AND OTHERS

    Citation
    TAM KAM FAI v. MICHAEL J DESIGN LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI347/2005

    The court held the Statement of Claim disclosed no reasonable cause of action against the 2nd defendant under the Occupiers Liability Ordinance and no legal basis to support a negligence claim against the 2nd; therefore it was unreasonable for the plaintiff to have sued the 2nd defendant and the court declined to exercise its discretion to make Bullock or Sanderson orders; the costs order nisi was made absolute with the costs to be taxed at High Court scale as varied.