Read the full judgment text of HCCT 10/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 January 2008 before Hon Sakhrani J in Chambers.
Costs taxation — Senior Counsel fees — Preparation for new and unanticipated joint and supplemental expert reports beyond original brief fees — Whether properly chargeable — Trial commenced 13 June 2005; additional expert reports submitted during trial — Fees allowed as additional to brief and refreshers. Re-examination preparation normally included in brief fee but allowed separately if related to new evidence. Charges for refreshing counsel’s memory during adjournment not proper; adjournment lasted approx. 2½ months in part-heard trial. Master allowed fees subject to reduction; court upheld review partly allowing and partly dismissing — item 473 reduced by $40,000. Review of taxation application involving detailed assessment of expert report-related preparation fees and implications of trial adjournments in costs taxation.
Legal issues: Chargeability of Senior Counsel’s fees for unanticipated expert reports · Whether preparation for re-examination is included in brief fee · Allowability of fees for refreshing memory after time gap in part-heard trial
Outcome: The plaintiff’s review application was partly allowed and partly dismissed. The court upheld the master’s allowance of fees for additional preparation arising from new expert reports but reduced fees for time attributed to counsel refreshing his memory during trial adjournment. The total allowed fee under item 473 was reduced by $40,000.
Cited by 2 cases