The Official Journal of The Law Society of Hong Kong – (Jan 2020)
Ng Yuek Lang Sophia v Chiu King Wa
 4 HKLRD 364,  HKDC 1088,  HKEC 2600
District Court Personal Injuries Action No 2179 of 2015 Judge Edmond Lee
14, 23, 25 April, 13 August 2019
Civil procedure — costs
By an order nisi it was ordered that costs be to P, with a certificate for counsel, to be taxed if not agreed, and that there be legal aid taxation of P’s costs. Both parties applied for the order nisi to be varied. P’s application was made on the basis that since her sanctioned offer to accept $300,000 (including interest but excluding costs) in full and final settlement of her claim was rejected, and since she was awarded $304,342 and costs, she should, under O. 22 r. 24 of the Rules of the District Court (Cap. 336H, Sub. Leg.) (“RDC”), be awarded enhanced interest and indemnity costs. P submitted that as long as a plaintiff did better than a sanctioned offer, even by a small margin, that plaintiff should be awarded enhanced interest and indemnity costs. D submitted that P should not be awarded enhanced interest or indemnity costs since: she did not succeed in every allegation; there was apparent evidence of gross exaggeration and/or unreasonable conduct on her part; and she did better than the sanctioned offer by a very minimal amount of $4,342. D’s application for variation was made in reliance on O. 62 r. 5(1) and (2) of the RDC, on the basis that P’s costs should only be partially allowed since she only succeeded in less than one third of her claim for special damages and failed completely in her claim for future expenses.
Held, granting P’s application and dismissing D’s application
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