Wise S. R. L. v. Apennine Holdings Ltd

HCA 1872/2019

[2021] HKCFI 2221

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1872 OF 2019

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BETWEEN

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HCA 1945/2019

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1945 OF 2019

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BETWEEN

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(Heard together)

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D E C I S I O N

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1.The defendant applied on 8 March 2021 for leave to appeal against the decision made on 25 January 2021 dismissing the appeal by the defendant against the judgement entered by the Master on 20 October 2020.

2.That application was dismissed by a Decision handed down on 29 March 2021.  That Decision noted that the leave application was made on a flawed premise in that leave to appeal was not required from this court, and therefore the court had no jurisdiction in respect of the application.  The plaintiff's application for costs on an indemnity basis was rejected, but it was directed that costs to be assessed summarily.

3.The plaintiff sought costs in the sum of $63,650.00, and provided an itemised Statement of Costs for Summary Assessment on 14 April 2021.  Objections were summarised in writing on behalf of the Defendants in a Statement filed on 17 June 2021.  The Defendants' submission was to the effect that costs to be awarded ought to be summarily assessed in the sum of $31,500.00.

4.Having considered the claim for costs and the Objections, I make an assessment, on a Summary basis, of the costs entitlement of the Plaintiff in the amount of $48,000.00.

Written submissions by Fairbairn Catley Low & Kong, for the plaintiff of both cases

Written submissions by Chiu, Szeto & Cheng, for the defendants of both cases