Read the full judgment text of FAMV82/2019 on BabelCite. This Court of Final Appeal judgment was delivered on 25 July 2019 before Chief Justice Ma, Mr Justice Fok PJ, Mr Justice Chan NPJ.
Civil procedure – leave to appeal – costs – statutory interpretation – Employees Compensation Assistance Ordinance (Cap. 365) – jurisdiction to order costs against Board in joinder cases – power of Board to settle relief payment before assessment of damages – whether court has jurisdiction to order costs against Board in common law damages claims to which Board joins under s.25A of ECAO – whether there is a 'usual order' or 'starting point' on costs in joinder cases where Board disputes liability and quantum, or disputes quantum only – whether Board has power to settle with plaintiff on quantum of relief payment before employer's liability is known – legal effect of such settlement – leave granted on two questions – appeal to be heard on 26 November 2019
Legal issues: Jurisdiction to order costs against Board in joinder cases · Power of Board to settle relief payment before assessment of damages
Outcome: Leave to appeal granted to the 3rd Defendant on Questions 1 and 2; leave refused on Question 3 and on 'or otherwise' grounds.
Cited by 2 cases