Hong Kong Case Law: Decisions & Judgments

Topic

Sanderson/bullock orders

Legal area

Court

27 Mar 2020

YAU PO SHAN v. THE EXPRESS LIFT CO LTD AND ANOTHER

Citation

[2020] HKDC 165
Court

District Court
Case number

DCPI2370/2014

The court held the 1st offer was a valid sanctioned offer by plaintiff (construed as made separately to each defendant on the same occasion) and plaintiff beat that offer at trial; accordingly O.22 r.24 was triggered and the 1st defendant was ordered to pay plaintiff indemnity costs from 21 April 2018, enhanced interest on the damages awarded at 6% above judgment rate from 21 April 2018 until judgment, and interest on costs at 5% p.a. from 21 April 2018 until this costs judgment. The court found it was reasonable for plaintiff to have joined and pursued the 2nd defendant and exercised its dis…
1 Mar 2019

LEE YUI KAI v. TD CO., LTD AND OTHERS

Citation

[2019] HKCA 256
Court

Court of Appeal
Case number

CAMP142/2018

Leave to appeal is required for appeals against costs-only orders in employees' compensation proceedings; the applicant's three-month delay in seeking extension was substantial and inexcusable, the applicant failed to show a real prospect of success on the merits of the intended appeal, and therefore the Court refused to extend time and dismissed the summons for extension of time.
14 Jul 2017

YEUNG YAT KWONG PETER v. HARVEST CHINA INVESTMENT LTD AND ANOTHER

Citation

YEUNG YAT KWONG PETER v. HARVEST CHINA INVESTMENT LTD AND ANOTHER
Court

District Court
Case number

DCCJ3018/2014

It was reasonable for the plaintiff to join and continue proceedings against D1 given expert evidence and timing of leakage; D2 having admitted full liability and having withdrawn contribution proceedings is bound by its acts and must bear the costs consequences; therefore a Sanderson order is appropriate and D2 must pay P's costs of the action against D1 and D1's costs in defending the action, and D2 must also pay P's costs since the interlocutory judgment including reserved costs.
29 May 2017

WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS

Citation

WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS
Court

District Court
Case number

DCPI58/2015

The court found the 3rd defendant solely liable for the accident, that it was reasonable for the plaintiff to join the 1st and 2nd defendants because the same incident and damages were at issue and the 3rd defendant had attempted to shift blame and pursued contribution, and therefore the 3rd defendant must bear the costs orders nisi (including costs of contribution and indemnity proceedings) which are made absolute; the application to vary was dismissed.
27 Feb 2009

CHOW MANG KA NORMAN v. CHAN YUEN FAN AND ANOTHER

Citation

CHOW MANG KA NORMAN v. CHAN YUEN FAN AND ANOTHER
Court

District Court
Case number

DCPI1528/2008

The plaintiff was granted leave to accept the 1st Defendant's payment into court as full and final settlement of the claim against the 1st Defendant and was entitled to the costs of his claim against the 1st Defendant (including the application except the costs of the hearing) because the application was made within the period in which an O.22 r.3 notice could have been served, the 1st Defendant had timely notice and the payment was made by one defendant while the defendants were jointly sued; the plaintiff's discontinuance of the claim against the 2nd Defendant was academic due to full satis…
11 Sept 1992

LEUNG LAI HA AND OTHERS v. HON SAU LING AND ANOTHER

Citation

LEUNG LAI HA AND OTHERS v. HON SAU LING AND ANOTHER
Court

Court of Appeal
Case number

CACV71/1992

The Court held the trial judge erred in principle by assessing the reasonableness of joining the second defendant with hindsight and failing to give proper weight to the uncertainties existing when the writ was issued; because it was reasonable to join both defendants the appeal was allowed and a Sanderson Order was substituted making the 1st defendant pay the 2nd defendant's costs.

Hong Kong Case Law

YAU PO SHAN v. THE EXPRESS LIFT CO LTD AND ANOTHER

LEE YUI KAI v. TD CO., LTD AND OTHERS

YEUNG YAT KWONG PETER v. HARVEST CHINA INVESTMENT LTD AND ANOTHER

WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS

CHOW MANG KA NORMAN v. CHAN YUEN FAN AND ANOTHER

LEUNG LAI HA AND OTHERS v. HON SAU LING AND ANOTHER