Kwok Yu Won Eric v. Tim Fung Steam Laundry (Shatin) Co Ltd

HCA 1923/2017

[2018] HKCFI 2566

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1923 OF 2017

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Before: Hon Mimmie Chan J in Chambers (open to public)

Date of Hearing: 20 November 2018

Date of Decision: 20 November 2018

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D E C I S I O N

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1.I accept the Plaintiff’s submission, that the application for leave to appeal is out of time, and that this court has no jurisdiction to extend time for appealing.

2.Even if the application was within time, the Defendant is seeking leave to appeal against a costs order, whereby Deputy High Court Judge Saunders summarily assessed the Plaintiff’s costs of these proceedings up to the application for summary judgment at $470,000. The intended appeal against a discretionary costs order, made on a broad brush approach on summary assessment, has a high threshold to meet. It must be demonstrated that the judge had made such a decision under a mistake of law, in disregard of principle, or under a palpable misapprehension as to facts, or had relied on irrelevant matters or failed to consider relevant matters, such that the decision falls outside the generous ambit within which reasonable disagreement is possible, and is “plainly wrong”.

3.I cannot see that the Defendant has met this threshold.

4.No reasons from the judge are required for summary assessment of costs. The allowance would be apparent from the breakdown of costs and the objections made.

5.Even if I, or more pertinently the Court of Appeal, should disagree that the costs should be for the sum of $470,000, but for a lesser amount, I cannot see that the amount likely to be reduced on the assessment by the Court of Appeal, to reflect the necessary, proper, proportionate and reasonable costs of the action, would “fall outside the generous ambit within which reasonable disagreement is possible”.

6.The application for leave to appeal is dismissed, with costs to the Plaintiff, to be summarily assessed. The Plaintiff is to serve its breakdown of costs on the Defendant within 3 days, and the Defendant is to serve and file its objections, if any, within 7 days.

Mr Alan Kwong, instructed by Clyde & Co, for the plaintiff

Mr Sunny Chan, instructed by KC Ho & Fong, for the defendant