Xu Liu Chun v. Wu Chang Jiang and Another

HCMP 3166/2014

[2019] HKCFI 2180

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3166 OF 2014

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DECISION ON COSTS

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Introduction

1.On 27.6.2019, I refused the Plaintiff’s application to vary the costs order nisi made on by this court on 13 July 2018 by which the costs of the trial on the issue of liability is reserved pending the decision on quantum.  I also awarded the Respondents costs of the application, the quantum of which to be assessed summary.

2.On 12 August 2019, solicitors acting for the Respondents filed a Statement of Costs seeking a total of $177,077.  On 28 August 2019, solicitors acting for the Petitioner filed their objections supposing a total of not more than $71,67.66.  I have considered both. 

Summary assessment

3.By a broad brush approach, I am of the view that, since counsel was instructed and briefed to represent the Respondent at the application, items D2 (Perusal of documents by solicitors), D3 (Legal researches by solicitor) and E1 (Researching and preparation for hearing by solicitors) as claimed by the Respondents are excessive and therefore have to be reduced.  I make no reductions in respect of other items listed on the Statement of Costs. 

4.In my assessment, a reasonable sum of costs for the Respondents would be $115,000 and this is the amount I allow.

Mr Jenkin Suen and Ms Tinny Chan, instructed by Simon C.W. Yung & Co., for the Petitioner

Mr Martin Wong, instructed by Chong & Partners LLP, for the 1^st Respondent