MOHAMMAD, RAHEES KHAN v. MOK, SIU FAI KENNEDY

DCPI 1207/2023

[2026] HKDC 1038

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

PERSONAL INJURIES ACTION NO 1207 OF 2023

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DECISION

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1.  On 30 March 2026, I assessed the damages of the Plaintiff’s claim at $5,000. I further made a costs order nisi that the Plaintiff do pay the Defendant’s costs on the issue of quantum, including all costs reserved, with certificate for counsel, to be taxed if not agreed.

2.  By Summons filed on 9 April 2026 (“the Summons”), the Defendant applied to vary the said costs order nisi. The Defendant sought that his costs be paid on a party-and-party basis up to and including 24 November 2023, and on indemnity basis thereafter.

3.  The Defendant also sought interest on costs incurred from 25 November 2023 onwards at the enhanced rate of 3% above judgment rate, or at such rate as the Court deems fit.

4.  The application is premised upon a sanctioned payment in the sum of $175,000 made on 27 October 2023. Obviously, the Plaintiff has failed to obtain a judgment better than the sanctioned payment.

5.  Under Order 22 rule 23 of the Rules of District Court, I shall order the Plaintiff to pay the Defendant’s costs on an indemnity basis after the 24 November 2023, and interest on those costs at a rate not exceeding 10% above judgment rate, unless I consider it unjust to do so.

6.  The Plaintiff filed an affirmation in opposition on 13 May 2026, stating that he has no property or bank balance and is a recipient of assistance under the Comprehensive Social Security Assistance Scheme. He has not explained why his financial means are relevant to my consideration of whether it would be unjust to make the orders sought.

7.  I have considered the Plaintiff’s written submissions, which contain serious factual accusations against his former legal representative regarding his wish to accept the Defendant’s offer. I will not take those accusations into account, as they were not made under oath by way of affirmation; and in any event, even if true, they concern matters between the Plaintiff and his legal representatives only.

8.  I see nothing unjust in ordering the Plaintiff to pay the Defendant’s costs on an indemnity basis after 24 November 2023. I therefore make an order in terms of paragraph 1 of the Summons.

9.  I also see nothing unjust in ordering the Plaintiff to pay enhanced interest after 24 November 2023. I accept the Defendant’s submissions that a rate of 3% above judgment rate is reasonable. I therefore order the Plaintiff to pay enhanced interest at 3% above judgment rate on each payment of costs incurred by the Defendant after 24 November 2023, from the date of payment by the Defendant up to the date of judgment.

10.  The Defendant has already paid the judgment sum together with interest to the Director of Legal Aid. I order that the sanctioned payment of $175,000 made into court by the Defendant on 27 October 2023 together with any interest accrued thereon be paid out to the Defendant through his solicitors, Messrs Deacons forthwith.

11.  Finally, the costs of this application should be paid by the Plaintiff to the Defendant, to be taxed on an indemnity basis if not agreed.