Cly Formerly Known As Chy v. Cfm and Others

Read the full judgment text of FCMC 2797/2017 on BabelCite. This Family Court judgment was delivered on 21 July 2021 before HH Judge C.K. Chan.

Costs – Summary assessment – Wasted costs order – Indemnity basis – Defective summons – Solicitors' costs – Petitioner's solicitors ordered to pay costs of 1st, 3rd, 5th and 6th Respondents assessed at $15,200 each based on 4 hours work at $3,800 per hour.

Legal issues: Summary assessment of costs

Outcome: Summary assessment of costs ordered; costs payable forthwith.

Cited by 3 cases

Case No.FCMC 2797/2017[2021] HKFC 144[2021] HKFLR 299
Court
Family Court
Date21 Jul 2021
JudgeHH Judge C.K. Chan
Case Document
100%Judiciary

FCMC 2797/2017

[2021] HKFC 144

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 2797 OF 2017

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BETWEEN
  CLY Petitioner
  formerly known as CHY  
and
CFM 1st Respondent
  LCEL 2nd Respondent
  CFC 3rd Respondent
  4th Respondent
  GPDL 5th Respondent
  USDL 6th Respondent
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Coram: HH Judge C.K. Chan in Chambers (Not Open to Public)
Date of Decision: 21 July 2021

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D E C I S I O N
(Summary Assessment of Costs)

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1.On 14 July 2021, I have made a wasted costs order (on indemnity basis) against the petitioner’s solicitors, Messrs Chow & Ho, in respect of her summons dated 9 March 2021, for further and better particulars against the various Respondents.  The summons was obviously defective and so the said wasted costs order was made.  I have also given directions for summary assessment of those costs, which I now do.

2.After reading the statements of costs and the paying party’s submission, the costs of each of the 1st, 3rd, 5th and 6th Respondent are now assessed at $15,200 payable forthwith.  For the avoidance of doubt, the assessed costs were based on 4 hours’ solicitors’ work at $3,800 an hour.  There was no certificate for counsel given.

  C. K. Chan
  District Judge

Representation:

Messrs. Chow & Ho, solicitors for the Petitioner

Messrs. A Lee & Partners, solicitors for the 1st Respondent

Messrs. Ivan Tang & Co., solicitors for the 3rd Respondent

Messrs. Wong & Co., solicitors for the 5th Respondent

Messrs. Ko & Chow, solicitors for the 6th Respondent

Other Judgments in This Case

Further hearings and rulings under FCMC 2797/2017