Tung Kin Lei v. Ng Ting Lam and Others

HCAL 245/2020

[2021] HKCFI 2093

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 245 OF 2020

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Before: Hon K Yeung J in Chambers

Date of Statement of Costs by the 2^nd Respondent: 7 June 2021

Date of Reply Submissions by the Petitioner: 10 June 2021

Date of Reply Submissions by the 2^nd Respondent: 15 June 2021

Date of Second Decision on Costs: 16 July 2021

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SECOND DECISION ON COSTS

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1.I refer to my Decision on Costs handed down on 11 May 2021 for background.

2.I have considered the two Statement of Costs submitted by the 2^nd Respondent.  I have considered the objections made on behalf of the Petitioner.  I have also considered the 2^nd Respondent’s replies in which he has made some downward adjustments to the costs he claims.

3.In respect of the Statement for the main application:

(a)  despite the downward adjustment, I am of the view that the total claimed costs of HK$305,360 remains on the high side;

(b)  in particular, I consider the combined counsel fee of HK$240,000 (HK$180,000 for Mr Tam and HK$60,000 for Ms Liu) too high.  Adopting a broad brush approach, I regard the respective fees of HK$150,000 and HK$50,000 to be more reasonable;

(c)  I summarily assess the total costs at HK$260,000.

4.In respect of the Statement for the 1^st application for variation of the Costs Order Nisi, I see no reason why two counsel needed to be involved.  Again adopting a broad brush approach, I summarily assess the total costs at HK$30,000.

5.I make no order as to costs in respect of the present application.

Reply Submissions by Jimmie K S Wong & Partners, for the Petitioner

Statement of Costs and Reply Submissions by Ho Tse Wai & Partners, for the 2^nd Respondent