Kee Chan Hing v. Leung Fuk Chuen and Others

CAMP 575/2021

[2023] HKCA 1145

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 575 OF 2021

(ON AN INTENDED APPEAL FROM DCCJ NO 4959 OF 2014)

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BETWEEN

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DECISION ON COSTS

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Hon Yuen JA (giving the Decision of the Court):

1.On 15 May 2023, we gave Judgment¹ refusing to extend time to the plaintiff to appeal and dismissing his summons with an order nisi that he pays the defendants’ costs. No application was made to vary the costs order nisi, and accordingly it became absolute on 29 May 2023.

2.In respect of costs, D4 and D7-D9 had lodged statements of costs for summary assessment, but the other defendants (i.e. D1-3 and D5-6)  did not do so.  We gave leave to these other defendants (all represented by the same legal team)  to lodge their statement of costs for summary assessment within 14 days from the date of the Judgment, with the plaintiff to file any objections within 14 days thereafter.

3.On 29 May 2023, D1-3 and D5-6 lodged their statement of costs for summary assessment.  The plaintiff has not filed any objections to any statements of costs of any of the defendants.

4.We have considered the various statements of costs and would summarily assess them as follows:

for D1-3 and D5-6: $95,000

for D4: $16,100

for D7-9: $67,275.  

Collin Ng & Co, for the plaintiff (up to 22 June 2023)

The plaintiff, unrepresented, acting in person (from 23 June 2023)

Adrian Yeung & Cheng, for the 1^st, 2^nd, 3^rd, 5^th and 6^th defendants

Mr Edward Chik, Senior Government Counsel (Ag), of the Department of Justice, for the 4^th defendant

Raymond Siu & Lawyers, for the 7^th to 9^th defendants