Li Chun Bon and Another v. China Mobile Hong Kong Co Ltd
Court of Appeal · 2026-07-24 · Civil Procedure
The plaintiffs sued China Mobile Hong Kong in DCCJ 617/2017. Before trial, the defendant made a sanctioned offer under O.22 r.23 of the Rules of the District Court (Cap. 336H) for $63,333.40, inclusive of interest, plus costs to the plaintiffs. The offer contained three non-monetary terms: (i) the plaintiffs undertaking not to commence any fresh action on the same facts (Clause 4, the "Restrictive Condition"); (ii) a mutual confidentiality clause covering negotiations and settlement terms (Clause 5, the "Confidentiality Condition"); and (iii) discontinuance at each party's own costs. The plaintiffs did not accept by the 23 August 2017 deadline. The trial judge dismissed the claim and ordered the plaintiffs to pay the defendant's costs on a party-and-party basis up to 23 August 2017, then on an indemnity basis thereafter, with enhanced interest at 4.9375% p.a. under Golden Eagle International (Group) Ltd v GR Investment Holdings Ltd [2010] 3 HKLRD 273 (§3).