Ubiquiti Networks International Ltd v. Chan Kim Chuen Formerly t/a San Chun Technology Co and Another

CAMP 3/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 3 OF 2017

(ON AN INTENDED APPEAL FROM HCA NO 1606 OF 2016)

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DECISION ON COSTS

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Hon Poon JA (giving the Judgment of the Court) :

1.Having considered the plaintiff’s statement of costs and the defendants’ list of objection :

(1)  We allow the costs of manual work of HK$1,458.00 in full.

(2)  We allow solicitors’ profit costs at HK$30,000.00.

(3)  On counsel’s fees :

(a) It is unreasonable to engage two counsel.  We would only allow the engagement of senior counsel.

(b) Generally speaking, preparation of skeleton should form part and parcel of counsel’s brief for the hearing before the court.  Thus it is not justified to charge the preparation of skeleton as a separate item.  In the present context, the skeleton was prepared for paper disposal of the leave application.  Costs for engaging counsel to do the preparation would have been incurred at that stage.  When counsel was subsequently briefed for the oral hearing, counsel’s brief should properly take into account the fact that skeleton had already been prepared and make the necessary reduction accordingly.

(c) In any event, senior counsel’s brief for appearing before us was excessive.

(d) Taking the matter in the round, we only allow counsel’s fees at HK$130,000.00.

2.For the above reasons, we summarily assess the plaintiff’s costs at HK$161,458.00.

Written submission by Cheung, Chan & Chung, for the 1^st & 2^nd Defendants

No written submission from DLA Piper Hong Kong, for the Plaintiff