Icon Datacom Ltd v. Solarbrite Electronics Ltd

HCA985/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 985 OF 2005

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BETWEEN

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Before : Deputy High Court Judge Burrell in Court

Date of Written Submissions on Costs : 22 February 2011

Date of Decision on Costs : 1 March 2011

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DECISIONON COSTS

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

2.In a case such as this the court’s task is ultimately a balancing act.  The plaintiff is not entitled to its costs in full because of the relatively small amount of the judgment sum in relation to the amount claimed.

3.However the plaintiff had to come to court and was successful on liability.  An approach suggested by the defence is that, in percentage terms, the plaintiff should be awarded the same percentage in costs as they succeeded on the claim.  For example, if $1 million is awarded in a $2 million claim they should get 50% of their costs.  I do not think this is a sensible approach either generally or in this particular case.

4.Looking at the matter as a whole and bearing in mind that most of the case concerned liability issues and that quantum issues took a relatively small proportion of the time and money spent, I order the defendant to pay half of the plaintiff’s costs.

Mr. C. Yuen, instructed by Messrs So, Lung & Associated, for the Plaintiff

Mr. Abraham Chan, instructed by Messrs Robin Bridge & John Liu, for the Defendant