Siemens Aktiengesellschaft and Another v. H.K. Siements Electric Appliance Ltd and Others

Case No.HCA 399/2009
Court
High Court CFI
Date16 Jul 2009
Judge
Case Document
100%

HCA399/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 399 OF 2009

________________________

BETWEEN

  SIEMENS AKTIENGESELLSCHAFT 1st Plaintiff
  SIEMENS LIMITED 2nd plaintiff
  and  
  H.K. SIEMENTS ELECTRIC APPLIANCE LIMITED
香港西門子電器有限公司
1st Defendant
  CEN LIPING 岑立平 2nd Defendant
  GEN GUOQIANG 岑國强 3rd Defendant

Before : Hon Sakhrani J in Chambers
Date of Hearing : 16 July 2009
Date of Summary Assessment of Costs :  16 July 2009

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SUMMARY ASSESSMENT OF COSTS

_______________________________________

1.On 25 June 2009 I gave judgment to the plaintiffs against the 1st defendant in default of defence.  I also made an order that the costs of this action be paid by the 1st defendant to the plaintiffs such costs to be summarily assessed.  This is the summary assessment of the costs order that I made.

2.The principles to be applied are clear.  A summary assessment of costs is not a mini-taxation of costs.  The court applies a broad-brush approach on the summary assessment. 

3.Having perused the plaintiffs’ statement of costs and the submissions, I am satisfied that there are certain items in the plaintiffs’ statement of costs which are, in my view, excessive.  As regards items C1, D1 to D3 where time was spent, I am of the view that some of the time spent was excessive. 

4.Applying a broad-brush approach, in my view, the proper sum to be assessed including the costs for today’s hearing is the sum of $47,000.  That is my assessment of costs that the 1st defendant has to pay to the plaintiffs.  Such costs are to be paid within 14 days from today.

  (Arjan H. Sakhrani)
  Judge of the Court of First Instance,
High Court

Ms L. K. Chong of Messrs Deacons, for the 1st and 2nd Plaintiffs

1st Defendant, absent