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In an application by the Defendant for variation of a costs order nisi, Deputy District Judge Edward Shum considered the effect of a sanctioned payment made by the Defendants in a sum marginally less than the award made by the Court in favour of the Plaintiff on the exercise of the court’s discretion on costs.
Hong Kong Dispute Resolution Bulletin: For full analysis of this case subscribe to the Sweet & Maxwell HKDRB, produced in association with Clifford Chance.
This article is available in [2010] 6 HKDRB.
In this action, the plaintiff sued the defendant for negligence, breach of express and implied terms of a contract of employment and breach of statutory duty. The defendant applied to amend its Amended Defence under O.20 r.5 of the Rules of the District Court at a very late stage, to withdraw its previous admission of the employment relationship with the plaintiff.
Judge Poon was of the view that the principles relating to Part 14 of the English CPR and O.13A r.2(3) of the Rules of the District Court on the withdrawal of an admission would be applicable in an application for amendment under O.20 r.5 if such an application involved the withdrawal of a material admission.
Applying the relevant principles, Judge Poon dismissed the defendant’s application for amendment, and ruled that no issue on the identity of the employer could be raised by the parties at trial.
CJR Alerter: For full analysis of this case subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 25 CJRA.
