The Incorporated Owners of Hung Wai Building v. Sunny Elegant Ltd and Others

CAMP 351/2022, [2023] HKCA 1161

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 351 OF 2022

(ON AN INTENDED APPEAL FROM LDBM NO. 76 OF 2019)

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BETWEEN

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DECISION

ASSESSMENT OF COSTS

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Hon Chu VP (giving the Judgment of the Court):

1.On 3 August 2023 we handed down our judgment ([2023] HKCA 930) dismissing the 1^st to 4^th respondents’ renewed application for leave to appeal against the order of Deputy District Judge S H Lee sitting as the Presiding Officer of the Lands Tribunal given on 7 July 2022. We also ordered the 1^st to 4^th respondents to pay the plaintiff the costs of the application to be summarily assessed.

2.Having considered the plaintiff’s statement of costs and the 1^st to 4^th respondents’ list of objections, we are of the view that on a party-and-party basis of assessment, items C3 (attendance on counsel) and D2 (perusal of papers) should be revised downwards.

3.We do not accept the other objections raised by the respondents. In particular, we do not agree that counsel fee (item E1) should be assessed on an hourly rate basis. In summary assessment of costs, there is no requirement for the production of counsel brief. The plaintiff’s solicitors had certified that the amount claimed in the statement of costs did not exceed the plaintiff’s liability for costs in respect of the application. We also do not consider the amount of counsel fee to be excessive.

4.For the above reasons and taking a broad brush approach, the plaintiff’s costs of the application is summarily assessed at HK$95,000.

Lam & Partners, for the applicant.

Christine F L Ip & Young for the 1^st, 2^nd, 3^rd and 4^th respondents.