China Merchants Kin Swiss Transportation Co Ltd and Another v. Treasure Wise Ltd and Others

HCA 344/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 344 OF 2007

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BETWEEN

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Before: Hon Chung J in Chambers

Dates of Hearing:  10 September and 3 November 2009

Date of Last Written Submissions:  11 November 2009

Date of Handing Down Decision on Costs and Summary Assessment: 18 November 2009

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DECISION ON COSTS AND SUMMARY ASSESSMENT

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1.On 3 November 2009 I dismissed the plaintiffs’ application with costs to the 1^st defendant (“D1”). Directions were given for written submissions to be made regarding (a) the basis of taxation, (b) certificate for two counsel, (c) summary assessment pursuant to RHC Ord. 62 r. 9A(1)(a), and (d) set-off of those costs against other costs.

2.Having perused the parties’ written submissions, I decide that:-

(1)  those costs should be assessed on party-and-party basis;

(2)  the hearing is certified fit for court attendance by two counsel;

(3)  those costs be set-off against the amount of costs taxable and payable by D1 pursuant to the costs order dated 20 November 2008.

3.In relation to the summary assessment of the items in D1’s statement of costs dated 9 November 2009:-

(a)  $462 be allowed for category B;

(b)  $35,000 be allowed for category C;

(c)  $30,000 be allowed for category D;

(d)  $140,000 be allowed for category E;

(e)  $4,800 be allowed for category F.

Mr Patrick Fung, SC, instructed by Messrs Wilkinson & Grist, for the Plaintiffs

Ms Audrey Eu, SC leading Mr Willard Li, instructed by Messrs Kao, Lee & Yip, for the 1^st Defendant