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14. What would be the consequence if the plaintiff exaggerates the amount to be claimed and expects the defendant to make offers at a cut?

 

The plaintiff may be suffering from adverse costs consequence even if he or she eventually wins the case or obtains damages from the defendant.

 

For example, if the plaintiff exaggerates his or her claims (over HK$3,000,000) resulting in the action being wrongfully commenced in the High Court and ultimately the settlement amount or offer from the defendant is much lower (below HK$3,000,000) and falls within the jurisdiction of the District Court, the court may refuse to award costs to the plaintiff on the High Court scale (which is a higher and more favourable scale to the winning party).