Tsui Yun Bun Barry v. Law Wan Tung (Formerly Known As Law Siu Yi Biby)

HCA 2596/2017

[2021] HKCFI 3715

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2596 OF 2017

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Before:  Mr Recorder Stewart Wong SC in Chambers

Date of Statements of Costs of the Intended Intervener: 2 November 2021

Date of Costs Decision:  13 December 2021

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COSTS DECISION

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1.On 1 November 2021, I handed down a decision[1] whereby I dismissed three summonses issued by Law and one summons issued by Tsui. I made a costs order against Tsui at [19] of the November Decision, and I made costs orders nisi against Tsui and Law at [73] of the November Decision, with consequential directions for summary assessment, for applications to vary the costs orders nisi by Tsui and Law if they so wish, and for service. See [74]-[77] of the November Decision, which I shall not repeat here.

2.On 2 November 2021, BCC filed two Statements of Costs for Summary Assessment, one in relation to Tsui and the other in relation to Law.

3.BCC also filed an affirmation of service pursuant to [76] and [77] of the November Decision.  The affirmation states that:

(1)   the Statement of Costs in relation to Law was served on Ching & Co, which was (and still is) on the record as Law’s solicitors, on 2 November 2021.   A backsheet with the acknowledgement of receipt by Ching & Co was exhibited;

(2)   the Statement of Costs in relation to Tsui was sent to him by ordinary post at the Property and one other address on 3 November 2021 (with that date marked on the envelopes).  The Statement of Costs as posted has not been returned.

4.Pursuant to my directions, the time limited for Law and Tsui to comment on the Statements of Costs expired on 12 and 13 November 2021 respectively. They did not do so.

5.Further, the time limited for them to apply to vary the costs order nisi expired on 15 November 2021.    They did not do so.

6.In the premises, I proceed to assess summarily the costs payable by Tsui under [19] and [73] of the Decision, and by Law under [73] of the Decision.   I have considered carefully the two Statements of Costs submitted by BCC and I summarily assess the costs to be paid forthwith by Tsui at HK$50,000 under [19] and [73] of the November Decision, and the costs to be paid forthwith by Law at HK$88,000 under [73] of the November Decision.

7.ES’s own costs are to be taxed in accordance with the Legal Aid Regulations.

Messrs Boase Cohen & Collins, assigned by the Director of Legal Aid, for the intended intervener