Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory tender
  • 29 Jun 2017

    FAN KAI MING v. LAM SUSAN SHUI HING

    Citation
    FAN KAI MING v. LAM SUSAN SHUI HING
    Court
    District Court
    Case number
    DCCJ2037/2015

    The court held that indemnity costs were not justified on Ground 1 because the plaintiff's claim raised an arguable point of construction and his conduct did not take the case out of the norm; however the statutory tender made by the defendant on 28 May 2015 qualified as a sanctioned payment under Order 22, the plaintiff could not beat it and therefore indemnity costs and enhanced interest under Order 22 r23(4)(a) and (b) were appropriate. The court varied the earlier costs order nisi: plaintiff to pay defendant's costs on an indemnity basis to be taxed with certificate for counsel and to pay…