United Asia Finance Ltd v. The Personal Representatives of Leung Wing Tak, Deceased

DCCJ1611/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1611 OF 2009

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Before:    H H Judge Chow in Chambers (Open to the public)

Date of Hearing:   3 March 2010

Date of Decision:   3 March 2010

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D E C I S I O N

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1.The learned Master awarded costs in the sum of $21,314.83 to the plaintiff.  It was stated in the order that the costs of these proceedings were awarded on a full indemnity basis assessed by summary judgment.

2.The usual costs on application for leave to enter judgment in mortgagee actions under Order 88 on a full indemnity basis is $19,200 according to the District Court scale, but in this case the appointment of the Official Solicitor to accept service of the writ and to proceed with the action in the absence of a person representing the estate of the deceased are extra steps taken by the plaintiff.  The costs of the Official Solicitor is an item of disbursements, the amount is $7,635.83.  When this is added to $19,200, the total sum is $26,835.83.  So the award of $21,314.83 is obviously too low and the award is wrong.

3.Since the costs of these proceedings were made to the plaintiff on a full indemnity basis, I must make an award on that basis.  I have carefully studied the items of costs on page 1 to page 25 of the bundle of documents.  The total cost is $52,001.83.  I cannot find anything unreasonable there.  So I would award this amount of $52,001.83 as the costs awarded to the plaintiff on an indemnity basis.

(Discussion re costs)

4.I grant the costs of hearing this appeal in the sum of $14,123.30.

Ms Joyce Wong, instructed by Messrs Foo & Li, for the Plaintiff

Defendant, in person, present