Indian Corridor Sdn Bhd and Another v. China Idea Development Ltd and Others

CACV 248/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 248 OF 2008

(ON APPEAL FROM HCA NO. 1 OF 2008)

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BETWEEN

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Before: Hon Rogers VP and Le Pichon JA in Court

Date of Handing Down Ruling on Costs: 18 February 2009

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RULING  ON COSTS

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Hon Rogers VP and Le Pichon JA:

1.This court handed down judgment in this matter on 22 January 2009.  The court indicated that it would make an order nisi of costs in favour of the second defendant.  Immediately thereafter, on 23 January, the solicitors for the second defendant wrote asking that the court should assess the costs as a gross sum and also suggested that the assessment of costs could be dealt with on paper.

2.By letter dated 6 February the solicitors for the plaintiffs stated that they had no objection to the costs being assessed on a gross sum basis and agreed that the question of costs should be capable of being dealt with on paper.  That letter contained detailed submissions in respect of the statement of costs for the gross sum assessment that the second defendant’s solicitors had put forward.

3.Having considered the submissions by both parties we consider that an appropriate gross sum award would be $370,000.  In reaching that conclusion we have adjusted the amount set out in the statement of costs primarily by balancing issues as to the amount allowable in respect of the hourly charge rates and the amount of time that might be expected to have been spent by the relevant persons.

Written submissions on costs by Messrs Tanner De Witt, for the 1^st & 2^nd Plaintiffs/Respondents

Written submissions on costs by Messrs Lovells, for the 2^nd Defendant/Appellant