NGAN YUK YIP BY CHAN CHIU SHING, HER NEXT FRIEND v. HERBAL-T (HK) LTD

HCA 1981/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1981 OF 2012

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ADDENDUM
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COST

1.  I omitted to deal with the effect upon the plaintiff of the order that the defendant should have its costs of the 1½ days thrown away by the plaintiff’s need to amend the Statement of Claim.

2.  I had assumed that the plaintiff’s lawyers would acknowledge that this situation had been brought about by their own errors or the errors of counsel or solicitors, probably in this case of the former.

3.  For the avoidance of doubt the defendant’s taxed costs should be deducted from the plaintiff’s taxed costs and the plaintiff’s lawyers, either or both must not seek to recovered the consequential shortfall in their own costs, from the plaintiff.  In brief, they must forgo those costs as it would be wholly inequitable to expect the plaintiff to pay them.

4.  This Addendum will be drawn to the attention of the Taxing Master.