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DCCJ 5363/2020
[2024] HKDC 1388
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CIVIL ACTION NO 5363 OF 2020
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BETWEEN
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KO PHILIP ZHI YAO
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Plaintiff
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and
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THE INCORPORATED OWNERS
OF HAMBURG VILLA
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Defendant
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Before:
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Deputy District Judge Isaac Chan in Chambers (Paper disposal)
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Date of Written Submissions by Plaintiff:
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25 April 2024
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Date of Written Submissions by Defendant:
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16 May 2024
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Date of Written Submissions in Reply by Plaintiff:
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23 May 2024
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Date of Decision:
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23 August 2024
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DECISION
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Introduction
1.
This is the decision in respect of the plaintiff’s application dated 16 February 2024 for varying the cost order
nisi
in the judgment dated 5 February 2024 (
“Judgment”
)
[1]
, whereby it was ordered that:
(a) There be a monetary judgment in the sum of $173,648.00 (
“Judgment Sum”
);
(b) Interest on the judgment sum shall accrue from the date of the writ to the date of payment at the judgment rate; and
(c) There be an order
nisi
that half of the costs of the plaintiff shall be paid by the IO, with certificate for Counsel, to be taxed if not agreed.
2.
On 16 February 2024, the plaintiff filed a summons (
“Summons”
) seeking to vary the cost order
nisi
to the effect that:
(a) The defendant do pay the plaintiff all (as opposed to half) costs of this action (a) on a party and party basis up to 20 May 2022, and (b) from 21 May 2022 on an indemnity basis, including all costs reserved with certificate for counsel, to be taxed if not agreed;
(b) The defendant do pay the plaintiff enhanced interest on the Judgment Sum at 10% above judgment rate from 21 May 2022 until the date of the judgment;
(c) The defendant do pay the plaintiff interest on the Judgment Sum at prime rate plus 10% per annum from the date of the service of the Writ on 6 October 2020 until 20 May 2022, and at judgment rate from date of the Judgment until payment; and
(d) The defendant do pay the plaintiff interest on costs incurred in this action from 21 May 2022 at half of the enhanced interest rate provided for in paragraph 1(2) above, such interest to accrue from 21 May 2022 until the date of judgment.
3.
The plaintiff also seeks costs of the Summons with certificate for one counsel on an indemnity basis, to be taxed if not agreed.
Parties’ negotiations
4.
The plaintiff’s main basis in support of the Summons is the
second
sanctioned offer made in compliance with Order 22 of the Rules of the District Court,
Cap 336H
(
“RDC”
), on 22 April 2022 (
“2
nd
SO”
), whereby the plaintiff offered to settle the action by a payment of $5,000 from the IO. The last date of accepting the 2
nd
SO was 20 Ma
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