Wesoft Nationmark Ltd v. Nationmark (H.K.) Ltd and Others

HCA 724/2019 and

HCA 1317/2019

(Consolidated)

[2024] HKCFI 3016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NOS 724 OF 2019 AND 1317 OF 2019

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BETWEEN

(Consolidated by the Order of Master Lai dated 30 August 2019)

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DECISION ON COSTS

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1.On 5 July 2024, I made the following order as to costs in these proceedings:

(1)  The plaintiff is to pay forthwith 1/3 of the costs incurred by the 1^st to 3^rd defendants in opposition to the plaintiff’s Request for Further and Better Particulars against the 1^st to 3^rd defendants by way of Summons dated 15 June 2023.

(2)  Costs of the appeal be paid by the plaintiff to the 1^st to 3^rd defendants.

(3)  The costs awarded under sub-paragraphs (1)  and (2)  above are to be summarily assessed with the directions that: (i)  the 1^st to 3^rd defendants shall lodge and serve a Statement of Costs within 14 days from the date of the order; and (ii)  the plaintiff shall lodge and serve its Grounds of Objection (if any)  within 14 days thereafter.  The summary assessment shall be conducted on paper unless otherwise directed by the court.

2.As regard the quantum of the 1^st to 3^rd defendants’ costs payable by the plaintiff under the aforesaid order, I have considered the 2 Statements of Costs for Summary Assessment dated respectively 20 September 2023 and 18 July 2024 lodged by the 1^st to 3^rd defendants.  I have also considered the plaintiff’s 2 Lists of Objection to the 1^st to 3^rd defendants’ Statement of Costs both dated 2 August 2024.  Taking a necessarily broad-brush approach, I would summarily assess the 1^st to 3^rd defendants’ costs as follows:

(1) Under paragraph 1(1) above, HK$25,000; and

(2) Under paragraph 1(2) above, HK$34,000.

Messrs Kao, Lee & Yip, for the plaintiff

Messrs Sit, Fung, Kwong & Shum, for the 1^st to 3^rd defendants