Wong Chiu Wing v. Wong Siu Wah

HCMP 1582/2019

[2021] HKCFI 1330

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1582 OF 2019

____________

_____________

_____________

Before: Hon K Yeung J in Chambers

Date of Submissions on Costs by the Plaintiff: 21 April 2021

Date of Submissions on Costs by the Defendant: 21 April 2021

Date of Reply Submissions by the Plaintiff: 28 April 2021

Date of Decision on Costs: 11 May 2021

_______________________

DECISION ON COSTS

_______________________

1.I refer to my Decision of 14 October 2020. The matter has since been settled. I am now requested to deal with the part of the costs that was reserved on the last occasion.

2.I have considered parties’ submissions.  I agree that, despite the settlement, P is the effective winner.  I also agree that P’s claim for costs against D was made under the 3^rd class of cases referred to in Re Buckton [1907] 2 Ch 406[1], a class where the application to the court is made by a beneficiary but is, in substance although not in form, an adverse claim made in hostile litigation.  I accept Mr Ho’s submissions that the costs should not be paid out of the estate.  I order that the costs concerned should be paid by D.

3.On quantum, I find the total sum of HK$276,450 excessive.  I find Items C1 and C2 (attendance on client and the other side) of 20 hours in total in particular excessive.  I also find Item D1 (12 hours of preparation of documents) in particular excessive.  Adopting a broad brush approach, I assess the total costs at HK$130,000.  This is on top of the sum of HK$70,000 summarily assessed on the last occasion.

Submissions on Costs and Reply Submissions by Mr Martin Ho, instructed by Charles Yeung Clement Lam Liu & Yip, for the Plaintiff

Submissions on Costs by Matthew Ng & Co, for the Defendant