22 Apr 2021
CHEUNG HAU YING v. NEW PEOPLE’S PARTY
- Citation
- [2021] HKDC 485
- Court
- District Court
- Case number
- DCPI1636/2019
A sanctioned payment made in the PI Action as a purported global settlement does not constitute a sanctioned payment in the separate EC Claim; where the EC Claim is subsequently settled the change of circumstances triggers s26 ECA set‑off and it would be unjust to allow the plaintiff to accept the sanctioned payment out of time and thereby obtain double recovery; exercising the court's discretion in all the circumstances the application to accept the sanctioned payment out of time is dismissed.