Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretionary interest under s48 hco
  • 23 Nov 2017

    YEUNG KAM KUEN AND OTHERS v. LIOU JE IANG AND ANOTHER

    Citation
    YEUNG KAM KUEN AND OTHERS v. LIOU JE IANG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP1609/2011

    Because the plaintiffs succeeded on liability but failed on substantial elements of quantum and the defendants' Calderbank offers were not paid into court, the correct exercise of the court's discretion is to order that each party bears their own costs. Interest is awarded at prime plus 1% per annum on the judgment sum from the date of writ (23 August 2011) to date of judgment (12 September 2017) but reduced to 70% of that period to reflect plaintiff delay (approximately depriving interest for about two years); post‑judgment interest runs at the statutory judgment rate until payment.