To Pui Kui, The Administratrix of the Estate of Ng Po Sum, Deceased v. Ng Kwok Piu and Others

CACV 281/2012 &
CACV 1/2013
(Heard together)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NOS. 281 OF 2012 AND 1 OF 2013

(ON APPEAL FROM HCA NO. 523 of 2008)

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BETWEEN

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.In our judgment of 24 September 2015, we ruled at paragraph 12 that by reason of matters set out at paragraph 21 (c) to (e) in our earlier judgment of 29 Jan 2015 the successful defendants should not have the full costs of the action below. We invited further submissions on the percentage of reduction in a global assessment.

2.We have considered the submissions of counsel on the question of assessment.  Counsel for the successful defendants put forward a percentage of not exceeding 15% whilst counsel for the plaintiff and the unsuccessful defendants said the appropriate discount should be 35-40%. 

3.We are mindful that we did not preside at the trial.  However, doing the best we can with the assistance of counsel, we conclude that on account of those matters, we should deprive the successful defendants of 25% of the costs of the action below.  We therefore order the plaintiff and the unsuccessful defendants to pay 75% of the costs of the successful defendants in the action, such costs are to be taxed if not agreed with certificate for 3 counsel.

Ms Isabel Tam, instructed by Khoo & Co, for the plaintiff

Mr Adrian Lai and Mr Alexander Tang, instructed by S Cheng & Yeung, for the 1^st, 4^th, 5^th, 7^th and 9^th defendants

No representation from Wong Poon Chan Law & Co, for the 6^th defendant

The 2^nd, 3^rd and 8^th defendants:absent