Leung Hoi Wai v Po Leung Kuk

Court:High Court (Hong Kong)
Judgement Number:HCPI999/2015
Judgment Date:11 Jul 2018
Neutral Citation:[2018] HKCFI 1620
HCPI999A/2015 LEUNG HOI WAI v. PO LEUNG KUK

HCPI 999/2015

[2018] HKCFI 1620

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 999 OF 2015

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BETWEEN
LEUNG HOI WAI (梁凱慧) Plaintiff
and
PO LEUNG KUK Defendant

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Before: Deputy High Court Judge Kent Yee (paper disposal)

Date of Written submissions: 21 April 2018 (the plaintiff) 17 & 24 April 2018 (the defendant)

Date of Decision: 11 July 2018

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DECISION

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Introduction

1. This court handed down a judgment dated 14 February 2018 after trial and dismissed the claim of the plaintiff, Madam Leung, with costs to the defendant, Po Leung Kuk (“PLK”). This is an application by PLK by summons dated 28 February 2018 (“the Summons”) to vary the costs order nisi on account of a sanctioned payment made on 27 November 2015 (“the Sanctioned Payment”).

2. The parties agree that there is only one controversial matter in the Summons and it should be dealt with by way of paper disposal. This court agrees to this course.

3. It is still necessary to see what the parties have agreed on the Summons. Their agreement is contained in their joint letter dated 26 March 2018 and includes:

(a) Madam Leung do pay PLK’s costs of this action, including all costs reserved, on a party and party basis up to and including 28 December 2015, to be taxed if not agreed.

(b) Madam Leung do pay PLK’s costs of this action, including all costs reserved, on an indemnity basis from 29 December 2015, to be taxed if not agreed.

(c) The Sanctioned Payment be paid out of the court together with interest to PLK forthwith through its solicitors.

(d) Costs of the application be paid by Madam Leung to PLK on an indemnity basis at High Court scale, to be taxed if not agreed.

(e) Madam Leung’s own costs to be taxed in accordance with the Legal Aid Regulations.

4. Given the agreement, this court shall make an order in the foregoing terms.

5. The only controversy concerns the demand of PLK for enhanced interest on indemnity costs at a rate of 9% per annum from 29 December 2015 until 14 February 2018 (“the Period”). There is no dispute that in light of the judgment, the court’s discretion under O.22 r.23, Rules of the High Court, is triggered. Further, both Mr Ho, for PLK, and Mr...

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