29 May 2023
林文英 對 SO WAH KWAN（蘇華坤）the administrator of the estate of CHIU LAI CHING（趙麗貞）, deceased, formerly t/a BEAUTY REGENT（麗晶專業美容中心)
- Citation
- [2023] HKDC 669
- Court
- District Court
- Case number
- DCPI2309/2018
The court exercised its discretion under Order 35 r 2 to refuse the plaintiff’s application to set aside the judgment: medical records and contemporaneous evidence did not establish inability to attend, the plaintiff’s factual case lacked objective support and real prospects of success, the defendant would be prejudiced by retrial and could not be adequately compensated. The court therefore declined rehearing. Separately, applying Orders 22 and 22A the court varied the interim costs order in favour of the defendant by directing costs on an indemnity (compensatory) basis from 5 September 2020,…