Concentric Construction Ltd v. The Hong Kong Housing Authority

HCCT 27/2017

[2018] HKCFI 1473

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS

NO. 27 OF 2017

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SUMMARY ASSESSMENT OF COSTS

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1.By the consent order dated 11 December 2017, I ordered that all further proceedings in this action be stayed for arbitration. I also ordered that the Plaintiff shall pay the Defendant’s costs of and incidental to the stay application on an indemnity basis to be summarily assessed on papers.

2.This is the summary assessment of such costs.

3.The Defendant filed the Statement of Costs claiming a total amount of $309,778.

4.The Plaintiff’s filed the Grounds of Opposition alleging that the sums claimed are excessive.  Further, the Plaintiff submits that the Defendant should produce the relevant documents to the court to justify the amounts claimed under various items.

5.Since the parties agreed for the costs to be summarily assessed, it is not appropriate for the court to peruse all the documents in the solicitors’ file as in normal taxation proceedings.

6.Having considered the Statement of Costs, I agree that the times spent on items C and D are excessive even taking into account the basis for the taxation.  However, the volume of documents involved in the present case is substantial and so considerable time would still need to be spent in preparing and perusing the documents.

7.The taxing down should be a modest one, and I summarily assess the Defendant’s costs in the sum of $275,000.

Written submissions by Hui & Lam LLP for the Plaintiff

Written submissions by Clyde & Co for the Defendant