Tam Shuk Yin Anny v. Choi Kwok Chan and Others

HCMP 2399/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2399 OF 2004

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BETWEEN

Before: Hon Kwan J in Chambers

Date of Written Submissions: 3 July 2007

Date of Handing Down of Decision: 6 July 2007

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D E C I S I O N

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1.This is a summons issued by the petitioner on 22 June 2007, to vary the order nisi for costs in the judgment I handed down on 14  June  2007, to the effect that there be a certificate for two counsel.

2.The 1^st and 2^nd respondents indicated through their solicitors they would adopt and maintain a neutral stance to this application and have asked to be excused from the hearing.  I therefore dispensed with a hearing and considered the application on the basis of the written submission of the petitioner’s counsel.  The respondents have not made any written submission.

3.I agree with the petitioner’s counsel that the case amply justified engaging two counsel, in view of the heavy documentation involved, the overlapping of facts which related to four companies, the range of relief sought in the petition, the expert evidence on document examination and on accounting, and new issues which continued to be raised by the respondents requiring counsel’s consideration at a very late stage in the preparation for trial.  I note also that the 1^st and 2^nd respondents were likewise represented by two counsel at the trial.

4.I hold that it is necessary and proper for the petitioner to engage two counsel.  I vary the order nisi on 14 June 2007 to provide for a certificate for two counsel.  I award the costs of this application to the petitioner as part of her costs of the petition.

Miss Theresa Low, instructed by Messrs J Chan, Yip, So & Partners, for the Petitioner

Messrs Howell & Co, for the 1^st and 2^nd Respondents