Eric Chan & Co (A Firm) v. Wong Kwok Wang Warren

DCCJ1155/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 1155 OF 2008

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D E C I S I O N

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1.The outstanding issues that I need to determine in these proceedings are two: costs liability and interest on the judgment sum having been assessed by the court to be paid by the defendant.

2.A dispute has arisen as to whether a sanctioned offer the plaintiff made in the course of proceedings should be disclosed. The plaintiff submitted that it should not be disclosed on the ground that the amount the plaintiff has offered to accept has included interest. 

3.Mr Chan of the plaintiff feared that a disclosure at this stage, before the court’s determination of the outstanding issue of interest, would affect the court’s later determination on this issue notwithstanding Mr Chan’s full confidence that a disclosure would not cause any unfair prejudice. 

4.In opposing the plaintiff’s wanting to keep the sanctioned offer confidential, the defendant, Mr Wong, urged this court to order the disclosure of the sanctioned offer.  It is contended that since it is common ground that the sanctioned offer only consists of the offer of acceptance of one single amount without any express inclusion of interest, allowing the disclosure of the sanctioned offer would help this court to determine the outstanding issue of the costs liability.

5.Alternatively, Mr Wong submitted, even if the sanctioned offer were to have included interest and that it might have a bearing on the court’s determination as to how interest should be awarded if it should be awarded at all, he argued that I should still order the disclosure of the sanctioned offer because Mr Wong firmly believes that a disclosure would not affect this court’s independent judgment on the outstanding issues of interest and costs.

6.After having heard the hotly- disputed arguments of the parties, I do not think that a disclosure is suitable despite the expression of full confidence on the impartiality of this court by both parties.   In coming to this view, I have regard to the restrictions imposed by Order 22 rule 25 of the Rules of the District Court, which prohibit the disclosure of a sanctioned offer until all questions of liability and the amount of money to be awarded have been decided.

7.Although the questions of liability as well as the judgment amount have already been determined, the questions of costs and interest on the judgment amount are still at this stage at large.

8.For these reasons, I consider that I should not look at the sanctioned offer before interest on the judgment amount has been determined. Thus, in the forthcoming hearing, I will first determine interest before I will next consider the sanctioned offer. Upon the disclosure of the sanctioned offer, I will then go on to finally determine the question of the costs liability of these proceedings.

The plaintiff, represented by Mr Chan Hing Wing Eric, appeared in person

The defendant appeared in person