China Citic Bank International Ltd v. Durrant Simon Patrick Michael

Read the full judgment text of CACV 127/2014 on BabelCite. This Court of Appeal judgment was delivered on 22 December 2017.

1. On 24 November 2017, we handed down our judgment dismissing the three summonses of the defendant, with an order nisi that he should pay the plaintiff’s costs of each summons. We directed the plaintiff’s solicitors to submit a statement of costs for summary assessment with leave to the defendant to respond to that statement within seven days thereafter.

Cites 1 case

Case No.CACV 127/2014
Court
Court of Appeal
Date22 Dec 2017
Judge
Case Document
100%Judiciary

CACV 127/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 127 OF 2014

(ON APPEAL FROM HCMP NO. 3196 OF 2013)

________________________

BETWEEN

  CHINA CITIC BANK INTERNATIONAL LIMITED Plaintiff
  and
  DURRANT SIMON PATRICK MICHAEL Defendant

________________________

Before:  Hon Cheung JA, Kwan JA and Harris J

Date of Decision on Costs:  22 December 2017

________________________

DECISION ON COSTS

________________________

Hon Kwan JA (giving the Decision on Costs of the Court):

1.On 24 November 2017, we handed down our judgment dismissing the three summonses of the defendant, with an order nisi that he should pay the plaintiff’s costs of each summons. We directed the plaintiff’s solicitors to submit a statement of costs for summary assessment with leave to the defendant to respond to that statement within seven days thereafter.

2.The plaintiff’s solicitors submitted their statement of costs on 30 November 2017 in the sum of $38,000.  The defendant lodged his objections to that statement by an undated document received by the court on 14 December 2017.  He is out of time by one week.

3.We are not obliged to take into account his late objections but have nevertheless considered his representations.

4.The defendant contended that the plaintiff’s reasonable costs should be reduced to $5,367.

5.We reduce the time spent by the plaintiff’s solicitors by 180 minutes and assess the reasonable costs recoverable by the plaintiff at $26,000.

(Peter Cheung) (Susan Kwan) (Jonathan Harris)
Justice of Appeal Justice of Appeal Judge of the
    Court of First Instance

V Hau & Chow, solicitors for the Plaintiff (Respondent)

The Defendant (Appellant), acting in person