Tang Koon Mui and Another v. Tang Tak Luk

HCA 190/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 190 OF 2007

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AND

HCA 191/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 191 OF 2007

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Before:  Hon Chung J in Chambers

Date of Hearing:  11 November 2009

Date of Last Written Submissions:  23 December 2009

Date of Handing Down Decision on Costs:  19 January 2010

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DECISION  ON  COSTS

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1.By consent of the parties, it was ordered on 11 November 2009 (among other things) that:-

(a) “the costs of the Plaintiffs [in HCA 190/2007] (to be taxed if not agreed) be first paid out from the Deceased’s estate and be deducted from the Defendant’s share under the estate”;

(b)    “the costs of [HCA 191/2007] be to the Plaintiff against the Defendant personally.”

2.The parties disagreed as regards the basis of taxation.  I directed that written submissions be lodged.  Further, I also directed that those costs be assessed summarily.

3.On 9 December 2009, the plaintiffs lodged their written submissions and statements of costs.  The defendant has not lodged any document in response.

4.Having perused the documents referred to in para. 3 above:-

(1) the costs referred to in para. 1 above should be taxed on indemnity basis;

(2) the quantum of costs in HCA 190/2007 is assessed at $109,366.67 ($84,673.67 + 24,693);

(3) the quantum of costs in HCA 191/2007 is assessed at $109,343.67 ($84,650.67 + 24,693).

Ms Elaine Lui, instructed by Messrs ONC Lawyers, for the Plaintiffs

Mr Lau Yue Sum of Messrs Y S Lau & Partners, for the Defendant