T, Rh v. K, Cs

FCMC 8704/2023

[2024] HKFC 110

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 8704 OF 2023

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

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1.On 17 April 2024, I dismissed the Petitioner Father (“F”)’s ex-parte summons (on notice) for interim access and made costs order against him. I also directed that the costs order is to be summarily assessed which I now do.

2.The Respondent Mother (“M”) submitted her statement of costs in the sum of HK$337,020 (including Senior Counsel fee of HK$200,000 and junior counsel fee of HK$35,000). F submitted that the total counsel fees of HK$235,000 were excessive. F further submitted that the costs order should be assessed at HK$161,194 only.

3.I note that Senior Counsel have all along been instructed by both sides for many of the previous hearings. For the present ex-parte summons (on notice), F himself has also instructed very experienced Senior Counsel to attend, indicating that the involvement of Senior Counsel was well justified. In the circumstances, I would assess M’s solicitors’ costs at HK$70,000; and counsel fees of HK$235,000 are allowed in full. Therefore, the total costs of M are now summarily assessed at HK$305,000, payable by F forthwith.

Representation:

Messrs Hugill & Ip, solicitors for the Petitioner

Messrs. Withers, solicitors for the Respondent