Opera National De Paris v. Sun Bon International Logistic Ltd

DCCJ 218/2021

[2022] HKDC 1382

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 218 OF 2021

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Before:  Deputy District Judge B Mak in Chambers (Paper Disposal)

Date of Plaintiff’s Written Submission:  13 September 2022

Date of Defendant’s Written Submission:  6 September 2022

Date of Decision:  28 November 2022

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DECISION

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Introduction

1.In my decision dated 26 July 2022, I made a costs order nisi that “the plaintiff shall pay the defendant the costs of this appeal and the costs of the summary judgment application with certificate for counsel, to be taxed if not agreed”.

2.By a letter dated 8 August 2022, the plaintiff’s solicitors wrote to apply to vary the costs order nisi to “the plaintiff shall pay the defendant the costs of this appeal with certificate for counsel, to be taxed if not agreed, and the costs of the plaintiff’s summary judgment application be costs in the cause”.

3.By a letter dated 8 August 2022, the defendant’s solicitors applied for summary assessment of costs.

The parties’ respective positions

4.In respect of the costs of the summary judgment application, the defendant agreed to an order of costs in the cause.

5.In respect of the defendant’s application for summary assessment of the costs of the appeal, the plaintiff made no submission.

Costs order

6.Accordingly, I vary the costs order nisi as follows:-

(1)  the costs of the summary judgment application be costs in the cause;

(2)  the plaintiff doth pay the defendant the costs of the appeal with certificate for counsel, such costs to be assessed summarily;

(3)  for the purpose of summary assessment of costs, the defendant shall lodge and serve a statement of costs within 7 days from the date of this decision; and

(4)  the plaintiff shall lodge and serve a list of objections within 7 days thereafter.

Costs

7.I consider that there should be no order as to costs of the variation of the costs order nisi application.

Chan Ching Man & Co, for the plaintiff

Mr Ernest Ng, instructed by Yung, Yu, Yuen & Co, for the defendant