GREEN LIGHT MULTIPLEX CO LTD (formerly known as GREEN LIGHT MARKETING CO LTD and GLM INTERNATIONAL LTD) v. LAM SHI YAN

HCA 2128/2015 and

HCA 2294/2017

[2025] HKCFI 702

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2128 OF 2015

ACTION NO. 2294 OF 2017

(TRANSFERRED FROM LABOUR TRIBUNAL CLAIM NO.

LBTC 2383 OF 2017)

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  (Consolidated pursuant to the Order of Master Hui dated 10 January 2018)

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DECISION

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1.  On 16 August 2024, I handed down a Judgment by which I allowed the plaintiff’s claims against the 1^st defendant in the total sum of $2,566,560.65.  I also allowed the 1^st defendant’s counterclaim for performance bonus in the sum of $196,520.78.  I therefore ordered the 1^st defendant to pay the plaintiff the net sum of $2,370,039.87.

2.  The plaintiff now, by virtue of its summons filed on 2 October 2024 (“the Summons”), relies on the slip rule under Order 20 rule 11 of the Rules of the High Court (Cap.4A, Laws of Hong Kong) (“RHC”) and seeks interest on the net sum from the date of the Writ (i.e. 14 September 2015) until date of Judgment at the rate of 1% over the HSBC best lending rate and then thereafter until the date of full payment at the Judgment rate.

3.  The 1^st defendant is absent today. However, since I am satisfied that he has been duly notified of the hearing today, I am of the view that it is appropriate for the hearing to proceed in his absence.

4.  The said Order 20 rule 11 of the RHC provides that:

“Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court on summons without an appeal.”

5.  Interest under sections 48 and 49 of the High Court Ordinance (Cap.4, Laws of Hong Kong) has indeed been claimed in the Statement of Claim and referred to in paragraph 57 of the plaintiff’s closing submissions.

6.  The question here is what I would have ordered if I had applied my mind to the issue of interest when I gave Judgment.

7.  My answer is that if I have so applied my mind (which I have omitted to do so due to accidental slip), I would no doubt have awarded interest as sought by the plaintiff.

8.  I therefore make an order in terms of paragraph 1 of the Summons.

9.  I also make an order that the 1^st defendant shall bear the plaintiff’s costs of this application, to be taxed if not agreed.