Chan Yuet Chun v. Hospital Authority

DCPI 1749/2020

[2025] HKDC 42

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

PERSONAL INJURIES ACTION NO 1749 OF 2020

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BETWEEN

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DECISION ON COSTS

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1.This short decision is given following my decision handed down on 2 December 2024 ([2024] HKDC 1991) (“my Decision”).

2.On the costs of the Defendant’s Summons filed on 24 May 2024 which was the subject of my Decision [§§53-54 of my Decision], parties filed a consent summons on 13 December 2024 seeking to vary the costs order nisi by including “all costs reserved” (“the Consent Summons”).

3.By Consent, I make an order in terms of the Consent Summons that:

(1) Costs of the Defendant’s Summons filed on 24 May 2024, including all costs reserved, be to the Defendant, to be taxed if not agreed.

(2) Costs of the Consent Summons in the agreed sum of HK$700 be paid by the Plaintiff to the Defendant within 7 days from the date hereof.

(3) The Plaintiff’s own costs in respect of the Consent Summons be taxed in accordance with the Legal Aid Regulations.

4.By their letter dated 24 December 2024, the Plaintiff’s solicitors confirm that they do not oppose the wasted costs directions against them [§§57, 63 of my Decision].

5.Having considered all matters, I consider it appropriate to make a wasted costs order against the Plaintiff’s solicitors as follows:

(1) Costs of the Defendant’s Summons filed on 24 May 2024 adjudged payable by the Plaintiff to the Defendant be borne by the Plaintiff’s solicitors personally.

(2) No legal aid taxation of half of the Plaintiff’s own costs in respect of preparation of the Plaintiff’s witness statement filed on 15 December 2023.

(3) No legal aid taxation of the Plaintiff’s own costs in respect of the Defendant’s Summons filed on 24 May 2024.

Messrs Burke & Company, assigned by the Legal Aid Department, for the Plaintiff

Messrs Howse Williams, for the Defendant