The Kuzma Gnidash

HCAJ000145/1999

HCAJ145/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ADMIRALTY ACTION NO.HCAJ145 OF 1999

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Admiralty action in rem against :
the ship or vessel "KUZMA GNIDASH"

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Coram : The Hon Mr Justice Waung in Chambers

Date of Hearing : 9 December 1999

Date of Judgment : 9 December 1999

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J U D G M E N T

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1. This is an application by the Plaintiff, pursuant to Order 62, rule 9(4)(b) of the Rules of the High Court for a gross sum assessment of the costs awarded to the Plaintiff on 26th August 1999 by me where the Order under paragraph 13 recites that -

"the costs and expenses of, and incidental, to this application to be the Plaintiff's in any event together with the Plaintiff's costs of arrest to be taxed and to be paid from the proceeds of sale of the vessel in priority to all claims against the proceeds of sale except for the Chief Bailiff's costs and expenses in these proceedings;"

So, it is clear from that Order that the cost now to be assessed covers, not the costs of the action, but is limited to the costs of the arrest (including of course the application for the arrest) and the costs of the application for the sale and matters relating to the sale.

2. I must set out first that in my view this is not a straightforward sale. There were a considerable number of complications and Miss Norden had to come back together with the bailiff for further directions on at least two other occasions after I had made the initial Order for Sale.

3. But having said this, it seems to me, looking at the Schedule put before the Court, that there is a considerable amount of over servicing. In my view, the total number of hours, as well as the persons who should be attending to this, on a reasonable solicitor basis, could have been reduced from the amount set out in the Schedule. Having regard to all the circumstances, and I do not in any way under-estimate the considerable amount of work required to be done by the solicitors for the Plaintiff, it seems to me that the proper figure on the gross sum assessment should be the figure of $135,000. That is my assessment.

Representation:

Miss Norden of Messrs Clyde & Co., for the Plaintiff

Mr Toms of Messrs Sinclair Roche & Temperley, for the Defendants

Miss Ingrid Ng of M/s Holman Fenwick & Willan, for the Caveator

Legal Aid Department for the Caveator - absent

Messrs Dibb Lupton Alsop for the Caveator - absent

Mr C.W. Tsang, Chief Bailiff