12 Jul 2023
MAN WAI TONG, the intended administratrix of the estate of CHOW KAI YAN, deceased v. KINGSWAY CARS T SERVICE LTD
- Citation
- [2023] HKDC 939
- Court
- District Court
- Case number
- DCEC376/2019
Non-compliance with the mandatory service requirement in Order 22 rule 9 (service on the Director of Legal Aid) disentitles the respondent from relying on the enhanced costs and interest consequences of Order 22; the respondent failed to discharge the burden to show no injustice such that the court should exercise any discretionary power to cure the defect; indemnity costs were not justified on the facts, therefore the costs order nisi was made absolute and sanctioned payments were ordered paid out to the respondent.