Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Wasted costs and legal aid nomination
  • 25 Sept 2023

    WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

    Citation
    [2023] HKDC 1253
    Court
    District Court
    Case number
    DCEC1082/2017

    The court held it was not unjust to impose the consequences of O 22 r 23: respondent's EC sanctioned payment was valid and applicant failed to accept it by the Deadline Date, so costs consequences apply. Costs orders nisi from the Judgment were varied: respondent pays applicant party-and-party costs up to 8 August 2017; after that applicant must pay respondent's costs on an indemnity basis with certificate for counsel and enhanced interest calculated at prime rate plus 4% applied to identified payments. The employer's application to vary interest in the PI Award and to deprive applicant of co…

    • Sanctioned payment (o 22)
    • Set-off under employees' compensation ordinance s 26
    • Variation of costs (o 62)
    • Leave to adduce fresh evidence (ladd v marshall)
    • Enhanced interest on costs
    • Wasted costs and legal aid nomination