Capital Globe Ltd v. Abdul Aziz Essa

HCMP 524 /2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 524 OF 2011

(ON AN INTENDED APPEAL FROM HCCW NO. 422 OF 2010)

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BETWEEN

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Before: Hon Tang Acting CJHC and Fok JA

Date of Decision on Costs: 30 May 2011

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DECISION ON COSTS

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Hon Fok JA (giving the judgment of the court):

1.Pursuant to the directions given in our decision dated 13 May 2011, the petitioner has filed its skeleton bill of costs for gross sum assessment and the respondent has filed its response thereto.

2.Having taken the bill of costs and response into account, we assess the petitioner’s costs of the application on a gross sum basis in the amount of HK$44,009.

3.In view of the petitioner’s application for an order that Mr Lee be ordered to bear the petitioner’s costs personally, Mr Lee was invited to make submissions in this regard.  The respondent’s solicitors, on instructions from Mr Lee, have indicated that, in view of the relatively small amount of costs involved and for the purposes of saving further legal costs, he is prepared to bear the costs of this application claimed by the petitioner.  We are satisfied that we should make such an order pursuant to section 52A(2) of the High Court Ordinance, Cap. 4.