Ko Siu Yung v. Cheung Hay Lee Hailey

Read the full judgment text of HCMP 2362/2017 on BabelCite. This High Court CFI judgment was delivered on 3 August 2018.

1. On 24 July 2018, I heard counsel and ruled that the defendant must pay the plaintiff’s costs to be summarily assessed on an indemnity basis. This is the determination of that summary assessment.

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Case No.HCMP 2362/2017[2018] HKCFI 1817
Court
High Court CFI
Date03 Aug 2018
Judge
Case Document
100%Judiciary

HCMP 2362/2017

[2018] HKCFI 1817

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2362 OF 2017

______________

  IN THE MATTER of an Enduring Power of Attorney of KO SIU YUNG (高少容) dated 24th day of February 2017 in favour of CHEUNG HAY LEE HAILEY (張熙梨) and registered at the High Court Registry on 9th day of March 2017
  and
  IN THE MATTER of an application pursuant to Sections 11(1), 11(4)(a) and 13(2) of the Enduring Powers of Attorney Ordinance (Cap 501)

______________

BETWEEN    
  KO SIU YUNG (高少容) Plaintiff
  and  
  CHEUNG HAY LEE HAILEY (張熙梨) Defendant

______________

Before: Deputy High Court Judge Saunders in Chambers
Date of Hearing: 24 July 2018
Date of the plaintiff’s Statement of Costs: 26 July 2018
Date of the defendant’s List of Objections: 31 July 2018
Date of Decision: 3 August 2018

_____________________________________________

SUMMARY ASSESSMENT OF COSTS

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1.On 24 July 2018, I heard counsel and ruled that the defendant must pay the plaintiff’s costs to be summarily assessed on an indemnity basis. This is the determination of that summary assessment. 

2.Costs are fixed as follows:

Manual work: $3,756.00
Solicitors profit costs: $870,000.00
Counsel’s fees: $230,000.00
Disbursements, (including expert fee): $44,960.00
Subtotal:  $1,148,716.00
Less costs already summarily assessed: $182,030.00
Amount due: $966,686.00

3.The defendant is accordingly ordered to pay forthwith to the plaintiff sum of $966,686.00.  The defendant remains liable to pay that part of the costs already summarily assessed which have not been paid at the date of this Decision.

  (John Saunders)
  Deputy High Court Judge

WMC Partners, solicitors for the plaintiff

Leung & Lien, solicitors for the defendant

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