Lau Oi Hing v. Sze Cheung Fung and Others

DCEC1137/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO. 1137 OF 2008

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BETWEEN

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Coram: His Honour Judge Chow in Chambers (Open to public)

Date of Hearing:   5 May 2010

Date of Decision:  5 May 2010

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D E C I S I O N

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1.This is the respondents’ application for variation of the costs order nisi made on 24 March 2010.

2.The respondents made two payments in. The first payment, in the sum of $52,300, was made on 4 December 2008. The second payment in, in the sum of $9,000, was made on 3 January 2009. The applicant did not accept any of the payment in. The total award made to the applicant, inclusive of interest up to 3 January 2009, is in excess of the total payment in by $830.86.

3.The respondents submitted that the de minimus rule applies. Such insignificant difference in terms of money constitutes special circumstances which calls on this court to reconsider its discretion on cost, because such a small difference of money is not justifiable to go for a full trial. The important thing is that it is the applicant’s right to be fully paid according to law. If the applicant is paid less, he is under no obligation to accept it. Why should she compromise her right to accept $830.80 less just to save the parties’ future costs? When a monetary figure represents a party’s right, the de minimus rule simply does not apply, no matter how small the figure is in terms of money.

4.The figure of $830.80 does not constitute special circumstances, which makes me feel justified to change the costs order nisi I made on 24 March this year. I therefore refuse the respondents’ application. I order that the costs order nisi be made absolute.

(Submission re costs)

5.The costs of today’s application be to the applicant, to be taxed if not agreed, with certificate for counsel.

Miss Jolie Chao, instructed by Messrs Yip, Tse & Tang, for the Applicant

Mr Szeto Patrick P., instructed by Gallant Y T Ho & Co., for all Respondents