T, Rh v. K, Cs
Read the full judgment text of FCMC 8704/2023 on BabelCite. This Family Court judgment was delivered on 22 May 2024 before H.H. Judge C.K. Chan.
District Court – Matrimonial Causes – Summary Assessment of Costs – Interim Access – Ex-parte Summons – Quantum of Costs – Senior Counsel Fees – Petitioner's summons dismissed – Costs order made against Petitioner – Respondent claimed HK$337,020 – Petitioner proposed HK$161,194 – Court held Senior Counsel involvement justified – Solicitors' costs assessed at HK$70,000 – Counsel fees allowed in full at HK$235,000 – Total costs assessed at HK$305,000 payable forthwith.
Legal issues: Summary assessment of costs
Outcome: Costs order against Petitioner; costs summarily assessed at HK$305,000.
Cites 1 case
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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 ------------------------ 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 | ||||||||||||||||||||
Cases cited in this judgment
Further hearings and rulings under FCMC 8704/2023