1 Mar 2010
The application for a stay of execution was refused because the defendant failed to demonstrate a meritorious appeal and refused the proposal to pay the disputed rent into court, and because the Master was entitled to allow the amendment seeking vacant possession; there was no sufficient basis to interfere with those decisions.
11 Feb 2009
The amendment did not introduce a new cause of action because the cause of action remained an action for breach of the bond and only the evidence changed; consequently the amendment related back, no prejudice was shown, and Pearldelta was entitled to an interim payment of HK$30,722,038 with interest, with leave reserved to dispute quantum or form of order.
2 Oct 2003
The payments into court did not fully discharge the defendants' liabilities; the defendants declined to pay the amounts claimed and therefore the plaintiffs were entitled to litigate to recover what was owing; accordingly costs follow the event and the defendants must pay the plaintiffs' costs of these actions, including costs reserved by Judge Lok with certificate for counsel.
30 May 2001
The last Calderbank letter of 20 October 2000 was effective for costs purposes because the plaintiff produced no admissible evidence that he could not comply with its terms; earlier offers prior to the amendment to include the donatio mortis causa claim were not binding against the plaintiff after that amendment; accordingly costs were apportioned by reference to the relevant dates and issues.
18 Nov 1988
Defendant repudiated the accepted tender; plaintiff mitigated by reletting; therefore plaintiff entitled to damages equal to lost rental during vacancy plus the shortfall for the reletting period; interest to date of writ at 6.125% is appropriate and further interest to judgment at 1% over prime is ordered; amendment for clerical error allowed under RSC O.65 r.9.
8 Mar 1974
The minibus driver and the omnibus driver were both negligent in participating in an overtaking manoeuvre on a blind bend; the plaintiff was not negligent; liability is apportioned 60% to the third parties and 40% to the defendant; damages to be assessed subsequently.