New Well Master Co Ltd (Formerly Known As Well Master Co Ltd) v. Tidjan Ananto, Since Deceased, Andreas Ananto, Appointed By an Order Dated 30 January 2024 To Represent the Estate of Tidjan Ananto, Deceased

HCA 558/2015

[2024] HKCFI 757

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 558 OF 2015

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DECISION ON COSTS

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1.For background leading to the present summary assessment, I refer to my Decisions of 16 June 2023[1] and 30 January 2024[2]. I adopt the same terms used therein.

2.I have considered AA’s Statements of Costs (of 1 February 2024), P’s Statement of Objections (of 26 February 2024), and AA’s Reply of 29 February 2024.

3.In respect of the costs of the Amended Discovery Summons:

(a)  I am of the view that the costs set out in the Statement of Costs, in the total sum of HK$144,800, are reasonable.  I do not accept the objections made on P’s behalf that the costs were “unnecessary” or were “not incurred in the most efficient and economical manner”.  The suggested costs of HK$55,800 are unreasonably low;

(b)  Adopting a broad-brush approach, I summarily assess the costs at HK$144,800.

4.In respect of the costs of the Representation Summons:

(a)  Given P’s insistence upon the inclusion of certain documents in the hearing bundle[3], I accept that AA’s solicitors would need to spend more time on the preparation of hearing bundles.  The total costs set out in Sections B to D are in my view reasonable;

(b)  In my view, the total costs of HK$282,650 are reasonable.  I do not accept the objections made on P’s behalf that the costs were “excessive” or were “not incurred in the most efficient and economical manner”;

(c)  I have ordered that the costs be discounted by 20% to reflect the matters I record in §8 of the Decision of 30 January 2024;

(d)  Adopting a broad-brush approach, and after the 20% discount, I summarily assess the costs at HK$220,000.

5.I make no further costs in respect of this summary assessment exercise.

Statement of Objections by Charles Wong & Co, for the Plaintiff

Statement of Costs and Reply by Alex To & Co Solicitors, for the Defendant