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

Read the full judgment text of CACV 281/2012 on BabelCite. This Court of Appeal judgment was delivered on 2 March 2016.

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.

Cites 1 case

Case No.CACV 281/2012
Court
Court of Appeal
Date02 Mar 2016
Judge
Case Document
100%Judiciary

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)

________________________

BETWEEN

  TO PUI KUI, the Administratrix of the estate of NG PO SUM, deceased Plaintiff
  and
  NG KWOK PIU 1st Defendant
  NG YIU CHI 2nd Defendant
  NG KAY CHEE 3rd Defendant
  NG WOON CHI also known as OLYMPIA
WOON CHI NG also known as OLYMPIA JUE
4th Defendant
  NG KWOK TUNG 5th Defendant
  NG KWOK CHING 6th Defendant
  NG OI CHE 7th Defendant
  NG KWOK TAI 8th Defendant
  CONFEDERATED ASSETS GROUP LIMITED 9th Defendant

_______________________

Before : Hon Lam VP, Kwan and Barma JJA in Court
Date of Hearing: 2 March 2016
Date of Judgment: 2 March 2016

________________

JUDGMENT

________________

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.

(M H Lam)
Vice President
(Susan Kwan)
Justice of Appeal
(Aarif Barma)
Justice of Appeal


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

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

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

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