Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Payment on terms
  • 22 Dec 2022

    KO WAI FAN 對 TUNG WAH GROUP OF HOSPITALS

    Citation
    [2022] HKDC 1442
    Court
    District Court
    Case number
    DCEC2142/2018

    Because the respondent's early payment on terms exceeded the eventual award by several times and the applicant unreasonably refused it without disclosure of new material, the court exercised its discretion under Order 22 rule 23 to (a) deny interest on the compensation after the payment-on-terms date, (b) order the applicant to pay respondent's costs incurred after that date on an indemnity basis with interest at a rate 5% above the judgment rate for the pre-compliance period and judgment rate thereafter, (c) require the respondent to pay one-third of pre-payment-on-terms costs to the applica…