Wu Nai Sang v. Fellowship Engineering Ltd and Others

CACV 199/2016

[2019] HKCA 128

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 199 OF 2016

(ON APPEAL FROM DCEC NO 243 OF 2011)

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BETWEEN

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DECISION ON COSTS

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

1.On 12 December 2018, we allowed the applicant’s appeal and made an order that the 1^st and 4^th respondents (both in liquidation) are to pay the applicant’s costs of the appeal, to be assessed summarily, and that the applicant’s own costs are to be taxed in accordance with the Legal Aid Regulations.

2.The applicant submitted a statement of costs for summary assessment dated 11 December 2018 in the total sum of $192,615.

3.The liquidators for the 4^th respondent responded on 18 January 2019 stating that they have no objection to the applicant’s statement of costs.  The liquidators for the 1^st respondent responded on 22 January stating that they have “no objection for the costs of this appeal to be summarily assessed”, but made no response to the amount of costs claimed in the statement of costs.

4.This is a straightforward appeal.  We consider the costs claimed by the applicant to be excessive, both in respect of the solicitors’ costs and counsel’s fees.  We assess the reasonable costs to be recovered from the 1^st and 4^th respondents at $146,115.

Mr Dennis Law, instructed by K Y Woo & Co, for the Applicant (Appellant)

The 1^st Respondent was not represented

The 4^th Respondent was not represented