Hong Kong Case Law: Decisions & Judgments

Topic

Costs orders (sanderson/bullock)

Legal area

Court

17 Apr 2019

LAU WAI LAM v. WONG LOK PIU

Citation

[2019] HKDC 445
Court

District Court
Case number

DCPI2598/2016

Judge found on the facts that the LGV (D2) cut from the slow lane into the fast lane without appreciating the motorcycle's position immediately to its back-right, causing the collision; D2 held negligent. D1 was not negligent because the LGV's sudden close lane change made avoidance impossible. The Accident caused abrasions to four limbs, an increase in neck pain and mild back and hand pain. PSLA and special damages assessed and interest awarded. Costs ordered against D2 including a Sanderson order requiring D2 to pay D1's costs in the joined action.
17 Apr 2019

WONG KA LAI v. LAU WAI LAM AND ANOTHER

Citation

[2019] HKDC 445
Court

District Court
Case number

DCPI1218/2016

On the facts the court preferred plaintiff's and 1st defendant's evidence that the LGV cut from the slow lane into the fast lane when it was immediately front‑left of the motorcycle; 2nd defendant failed to see the motorcycle and cut in negligently; 1st defendant was not negligent because the lane change was sudden and too close to permit avoidance; consequence: judgment for plaintiff against 2nd defendant for HK$153,994 plus interest, claim against 1st defendant dismissed, and interlocutory judgment in DCPI 2598/2016 for 1st defendant against 2nd defendant on liability.
29 Sept 2010

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER

Citation

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA841/2008

It was reasonable for the plaintiff to sue and maintain the action against both defendants; because the plaintiff's claims against Conwell and the alternative claim against Francis arose from the same complaint a Bullock approach to costs allocation was appropriate; Francis's application for contribution from Conwell failed because no contribution notice under Order 16 r.8 was served; accordingly the costs order nisi was varied to award Conwell costs from the plaintiff and to order Francis to pay the plaintiff's costs (including costs relating to having two defendants and costs payable to Con…
20 Oct 1998

GENERAL ACCIDENT INSURANCE ASIA LTD. v. HAMPTON WINTER & GLYNN (A FIRM) AND OTHERS and HILL TAYLOR DICKINSON (Third Party)

Citation

GENERAL ACCIDENT INSURANCE ASIA LTD. v. HAMPTON WINTER & GLYNN (A FIRM) AND OTHERS and HILL TAYLOR DICKINSON (Third Party)
Court

Court of First Instance
Case number

HCA5570/1996

Claims against 1st/2nd Defendants and 3rd Defendant were severable; Order 22 r.3(4) and r.4 apply to joint/alternative claims but not to several claims; where plaintiff wishes to discontinue proceedings against a non-paying co-defendant the court has jurisdiction under Order 21 r.3 and s.52A to make costs orders as it thinks just, and applying the test of whether it was not unreasonable to join and pursue the non-paying defendant the court ordered the 1st and 2nd Defendants to pay (a) the Plaintiff's costs of prosecuting the claim against the 3rd Defendant and (b) the 3rd Defendant's costs of…

Hong Kong Case Law

LAU WAI LAM v. WONG LOK PIU

WONG KA LAI v. LAU WAI LAM AND ANOTHER

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER

GENERAL ACCIDENT INSURANCE ASIA LTD. v. HAMPTON WINTER & GLYNN (A FIRM) AND OTHERS and HILL TAYLOR DICKINSON (Third Party)