13 Sept 2021
MOMIN LOK v. HOSPITAL AUTHORITY
- Citation
- [2021] HKCA 1319
- Court
- Court of Appeal
- Case number
- CACV236/2020
The court held that the writ was issued more than three years after the plaintiff's date of knowledge (setting aside the judge's contrary finding) but in the exercise of its discretion under s30 it ordered that s27 shall not apply and the action may proceed; because the plaintiff nevertheless failed on the discrete date-of-knowledge issue which significantly increased costs, it was just to deprive the plaintiff of part of her costs and the defendant was ordered to pay 75% of the plaintiff's costs of the preliminary issue (with specified adjustments).