Hui To Ying v. Sun Kwong Ming and Another

DCEC 1759/2021

[2026] HKDC 1112

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 1759 OF 2021

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DECISION

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Introduction

1.By my Judgment dated 27 November 2025, I made a costs order nisi that:

(a)  the 1^st respondent shall pay the applicant the costs of these proceedings with certificate for counsel, to be taxed if not agreed; and

(b)  there be no order as to costs between the applicant and the 2^nd respondent.

2.By a summons filed by the 2^nd respondent on 10 December 2025 (“the summons”), the 2^nd respondent applied to vary the costs order nisi that:

(a)  the 1^st respondent shall pay the applicant and the 2^nd respondent the costs of these proceedings with certificate for counsel, to be taxed if not agreed; and

(b)  there be no order as to costs between the applicant and the 2^nd respondent.

The 2^nd respondent’s ground

3.The 2^nd respondent joined in the present proceedings because there was no policy of insurance known to be in force at the time of the accident.

4.Had it not been for such fact, it would not be necessary for the 2^nd respondent to join in so as to discharge its duty to screen out unmeritorious or inappropriate claims.

5.I am satisfied that the 1^st respondent was at fault and should therefore bear the costs of the 2^nd respondent in these proceedings.

Conclusion and Order

6.Accordingly, I vary the costs order nisi to the extent as sought by the 2^nd respondent in the summons and make the same an order absolute.

Costs

7.I also order the 1^st respondent to pay the 2^nd respondent the costs of the present application, to be taxed if not agreed.

The 1^st Respondent was not represented and did not lodge any written submissions

Messrs Cheng, Yeung & Co, for the 2^nd Respondent