Wong Shui Lam v. Hospital Authority

HCPI 151/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 151 OF 2009

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BETWEEN

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Coram  :  Before Master Roy Yu in Chambers

Date of Hearing  : 9 December 2009

Date of Ruling  : 31 December 2009

Date of Supplemental Ruling  : 9 February 2010

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Supplemental Ruling

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1.I refer to my earlier decision handed down on 31 December 2009. 

2.On the application by the Plaintiff for costs to be paid forthwith, I mentioned at paragraph 3 that when cost is granted without saying that cost shall be paid in any event, it would means payable forthwith.  I intended the Plaintiff could have cost payable forthwith, subject to my other comments in the ruling.

3.At the submission stage, I have not been referred to the new Order 62 rule 9D which provides that –

(1) Subject to paragraphs (2) and (4), the costs of any proceedings shall not be taxed until the conclusion of the action.

(2) If it appears to the Court when making a costs order that all or any part of the costs ought to be taxed at an earlier stage it may order accordingly.

4.The above statement in my ruling may be obsolete in view of the new rule 9D.  As the order of my ruling has not been sealed, and to save any argument, I believe I should clarify my order.  I invite parties to address me on paper and I have received their respective submission.

5.Having considered all the submission, I do clarify that in the special circumstance of this case, the Plaintiff’s cost order granted by my said ruling shall be taxed forthwith.

6.And there be no order as to costs of this supplemental ruling to that effect.

Mr. N. Millar of Messrs. Littlewoods for Plaintiff.

Ms. T.C. Kang of Messrs. Deacons for Defendant.