莫懿 V 宏大香港資產管理有限公司 and Another

HCA 897/2018

[2022] HKCFI 251

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 897 OF 2018

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BETWEEN

(By original action)

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AND BETWEEN

(By counterclaim)

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_______________________

2^nd DECISION ON COSTS

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1.I refer to my Decision of 29 October 2021 (the “Decision”)[1] and the Decision on Costs of 21 December 2021[2].

2.I have considered:

(a) the Statement of Costs of GCAM and Chen of 29 December 2021, wherein they claim, in respect of the O.14 Summons (Part I), the sum of HK$248,704, and in respect of the application for variation of the Costs Order Nisi (Part II), the sum of HK$19,432;

(b) the List of Objections of Mo, wherein deductions in the total sum of HK$143,692 are sought; and

(c) the Reply of GCAM and Chen.

3.One main objection by Mo is that part of the costs relate to GCAM and Chen’s defence and the main action, and that they should not be included in the present Statement. In this regard, I refer to §§6 and 7 of the Decision on Costs.

4.On the other hand, I am of the view that GCAM and Chen’s claim under Sections D1 (Preparation of Documents), D2 (Perusal of documents) and D3 (Preparation for hearing on 6 October 2021) for more than 36 hours in total is excessive. I summarily assess Section D at HK$100,000.

5.I regard counsel fee at HK$55,000 to be reasonable.

6.Adopting a broad brush approach, I summarily assess Part I at HK$190,000.

7.I regard Part II as being broadly reasonable, which I summarily assess at HK$19,000.

8.I make no further costs order in respect of this assessment.

List of Objections by L&Y Law Office, for the Plaintiff by original action and the 1^st and 2^nd Defendants by counterclaim

Statement of Costs and Reply to List of Objections by Tanner De Witt, for the 1^st and 2^nd Defendants by original action and the 1^st and 2^nd Plaintiffs by counterclaim