Artlane Design Consultants Ltd v. Chan Wen Mee May

Case No.HCCT12/2008
Court
高等法院原訟法庭
Date28 Jul 2009
JudgeHon Burrell J
Case Document
100%

HCCT12/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS

NO. 12 OF 2008

-------------------------

BETWEEN

  ARTLANE DESIGN CONSULTANTS LIMITED Plaintiff
  and
  CHAN WEN MEE MAY
(also known as MICHELLE CHAN)  
Defendant

----------------------

Before : Hon Burrell J in Chambers

Date of Receipt of Written Submissions : 21 July 2009

Date of Ruling on Cost : 28 July 2009

--------------------------------------

RULING ON COSTS

--------------------------------------

1.I have now read and considered the parties’ written submissions on costs and interest.

2.Inter alia, I have take into account the following matters:

(i) the new Order 62 rule 5 of the RHC;

(ii) the unsuccessful attempt to mediate;

(iii) the history and timing of the various payments into court;

(iv) the amount awarded to the Plaintiff on its claim in relation to the amount claimed;

(v) the amount awarded to the Defendant on her counterclaim in relation to the amount counterclaimed;

(vi) the relative amount of time spent on the claim and counterclaim at trial and pre-trial;

(vii) the timing of the defendant’s “new defects” counterclaim;

(viii) the conduct of the parties; and

(ix) the court’s preference for a simple costs order intended to reflect the overall justice of the case rather than separate orders for claim and counterclaim further sub-divided by reference to dates.

3.The defendant shall pay 80% of the plaintiff’s costs to be taxed if not agreed. Interest on the net sum due to the plaintiff at prime plus 1% from the date of the writ.’

  (M.P. Burrell)
  Judge of the Court of First Instance
  High Court

Mr James Niehorster, instructed by Messrs Fung, Wong, Ng & Lam, for the Plaintiff

Mr David Tsang, instructed by Messrs DLA Piper Hong Kong, for the Defendant

Summaries and metadata are generated from the judgment. Report an error

Artlane Design Consultants Ltd v. Chan Wen Mee May [HCCT12/2008] | BabelCite