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DCPI 1673/2023
[2025] HKDC 1146
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
PERSONAL INJURIES ACTION NO 1673 OF 2023
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BETWEEN
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WONG HUNG TAN THOMAS (黃鴻騰)
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Plaintiff
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and
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REGENT ENGINEERING COMPANY LIMITED
(滙富建設有限公司)
(formerly known as UNIVIC BUILDING CONTRACTORS LIMITED
(義年益營造有限公司))
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1st Defendant
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KWAN ON CONSTRUCTION COMPANY LIMITED
(均安建築有限公司)
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2nd Defendant
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Coram:
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Her Honour Judge Phillis Loh in Chambers (Open to Public)
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Date of Hearing:
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30 June 2025
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Date of Decision:
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30 June 2025
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Date of Reasons for Decision:
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10 July 2025
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---------------------------------------------
REASONS FOR DECISION
---------------------------------------------
THE SUMMONS
1.
By a Summons filed on 17 April 2025, the Plaintiff (“
P
”) seeks to vary the costs order
nisi
made in the judgment of this Court handed down on 8 April 2025 (“
Judgment
”).
2.
The basis of P’s application is that the 1
st
and 2
nd
Defendants (collectively “
Ds
”) had failed to do better in the Judgment than the sanctioned offer P had made on 13 January 2025 (“
Sanctioned Offer
”), justifying costs sanctions against Ds under O 22 r 24 of the Rules of the District Court,
Cap 336H
(“
RDC
”).
3.
Mr Jonathan Tsang of counsel, assigned by the Director of Legal Aid (“
DLA
”), appeared for P.
4.
Ds, acting in person, were absent at the hearing.
5.
Valid service of P’s Summons and the supporting affirmation filed on the same date (“
P’s Affm
”) having been effected, hearing of the Summons proceeded the in Ds’ absence.
6.
Ds did not file any affirmation in opposition of P’s Summons.
Conduct of the Parties
7.
As set out in P’s Affm and shown in the evidence, P had all along expressed eagerness to settle the case with a view to saving costs and time since the early stages of this action and from October 2023. P had made “without prejudice” settlement offers to settle globally this action together with the related employees’ compensation action (DCEC 1210/2022) against Ds (as the Respondents therein) shortly after Ds had filed the Defence.
8.
After the case was set down for trial on 3 December 2024, P put forward a reduced offer in the sum of $350,000 plus costs in full and final settlement of this action.
9.
Ds made no response to P’s settlement offers all along.
The Sanctioned Offer
10.
On 13 January 2025, P made a sanctioned offer under O 22 r 4 of the RDC in the sum of $270,000 (inclusive of interest but on top of the sick leave advance payments of $51,200 already received by P) plus costs (“
Sanctioned Offer
”).
11.
Ds did not accept the
San
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