Artlane Design Consultants Ltd v. Chan Wen Mee May

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

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BETWEEN

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Before : Hon Burrell J in Chambers

Date of Receipt of Written Submissions : 21 July 2009

Date of Ruling on Cost : 28 July 2009

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RULING ON COSTS

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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.’

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