Fok Hing International Co Ltd v. Liu Hsiao Cheng

HCA 97/2013

[2018] HKCFI 2367

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 97 OF 2013

________________________

________________________

(By Original Action)

________________________

(By Counterclaim)

________________________

DECISION ON COSTS

________________________

1.I adopt the same abbreviation used in my Decision handed down on 12 July 2018.

2.On 12 July 2018, I dismissed the appeal by Liu against the Decision of Registrar refusing his application for specific discovery of certain documents.  I also made a cost order nisi that Liu should bear the costs of the appeal, to be taxed if not agreed.

3.On 30 July 2018, and having considered the Summons taken out on 26 July 2018 (“the Summons”) by FHI, I made an Order varying the cost order nisi and directed that the costs of the appeal and the Summons be summarily assessed.  I at the same time gave some directions on the filing of submissions.

4.On 6 August 2018, FHI filed and served its Statement of Costs.  The costs incurred were stated to be HK$140,590.

5.On 13 August 2018, Liu filed and served his List of Objections.

6.I have considered the Statement of Costs and the List of Objections carefully.  I agree that there has been some duplication of work (“Communication” (C1) and “Perusal of documents” (D2)).  Given the engagement of counsel, I also have doubts on the reasonableness of incurring 3 hours on “Preparation for the hearing” (D4) and in addition 3 hours on “Legal Research including perusing the cases authorities cited by the respective Counsel” (D6). 

7.By reason of the above, and adopting a broad brush approach, I summarily assess the costs of the appeal and the Summons to be $110,000.

Written Submission from ONC Lawyers, for the plaintiff
(by original action) and the 1^st and 2^nd defendants (by counterclaim)

Written Submission from Chow Wong & Lawyers, for the defendant
(by original action) and the plaintiff (by counterclaim)