22 Apr 2016
WONG YIM MAN ANTHEA v. WONG HO MING FELIX
- Citation
- WONG YIM MAN ANTHEA v. WONG HO MING FELIX
- Court
- Court of First Instance
- Case number
- HCA352/2011
The Offer was not a sanctioned offer under O.22 because its express term as to costs ('no order as to costs') irreconcilably conflicted with the costs consequences that O.22 r.20 confers upon a timely acceptance; accordingly the defendant's application to vary the costs order to indemnity costs and enhanced interest was dismissed and the Order Nisi was made absolute. Even treated as a Calderbank offer, the court exercised its discretion not to order indemnity costs or enhanced interest given the defendant's conduct and the reasonable decision of the plaintiff to proceed to trial.