Hong Kong Case Law: Decisions & Judgments

Topic

Interim payment of damages

Legal area

Court

18 Feb 2011

LAM HONG CHING ANDY v. WONG KAM TONG

Citation

LAM HONG CHING ANDY v. WONG KAM TONG
Court

Court of First Instance
Case number

HCA1144/2006

Given the Recorder's finding that the defendant acted in breach of trust by mortgaging the trust property and the defendant's failure to comply with the order to transfer title, the court was justified in making a vesting order under s45(f) Trustee Ordinance and ordering an interim payment of HK$543,604.06 to reimburse the plaintiff's payments to redeem the mortgage and discharge outstanding charges.
13 Jan 2003

KWOK SUI SHUM DOROTHY v. HUI LAM HO AND ANOTHERS

Citation

KWOK SUI SHUM DOROTHY v. HUI LAM HO AND ANOTHERS
Court

Court of First Instance
Case number

HCPI375/2001

The primary fault lay with counsel for the plaintiff for mentioning the interim payment; defendants who had agreed the trial bundle containing the interim payment order were not justified in obtaining costs against the plaintiff; counsel and solicitors breached duties regarding trial management, notification of estimates and communications with judges and must observe Order 29 rule 15 and professional obligations.
10 May 2002

Mak Sau Fun v. Kwok Pui Chun Estates Ltd. and Others

Citation

Mak Sau Fun v. Kwok Pui Chun Estates Ltd. and Others
Court

District Court
Case number

DCPI182/2001

Given the plaintiff had already received $130,000 from her employer under the Employees Compensation Ordinance and the employer would have a subrogated claim against the defendants, the court reduced the interim payment sought to a conservative amount of $30,000 to avoid risking overpayment in light of uncertainty as to final quantum and potential repayment difficulty.

Hong Kong Case Law

LAM HONG CHING ANDY v. WONG KAM TONG

KWOK SUI SHUM DOROTHY v. HUI LAM HO AND ANOTHERS

Mak Sau Fun v. Kwok Pui Chun Estates Ltd. and Others