30 Aug 2023
GOVINDAN SAKHIVEL v. SECRETARY FOR JUSTICE sued for and on behalf of the DIRECTOR OF IMMIGRATION
- Citation
- [2023] HKDC 1211
- Court
- District Court
- Case number
- DCCJ214/2021
Although the defendant established an exceptional circumstance by showing the sanctioned payment was substantially below the Small Claims Tribunal jurisdictional limit, the defendant failed to give the required prior warning; failure to give prior warning is a prerequisite for invoking the Otherwise Proviso, therefore the prima facie rule applies and costs are to be taxed at the District Court scale.