Chow Sing Yuet Elton v. Carry Express Investment Ltd

CACV 5/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 5 OF 2011

(ON APPEAL FROM HCCT NO. 18 OF 2007)

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BETWEEN

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Before: Hon Tang VP and Kwan JA in Court

Date of Decision on Costs: 7 February 2012

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DECISION ON COSTS

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Hon Tang VP (giving the Decision on Costs of the Court):

1.This is a gross sum assessment in respect of an application for leave to appeal out of time. Details about the application can be found in our judgment of 13 January 2012. The Defendant's statement of costs under O 62 r 9A shows an amount of $144,301 of which $80,000 represented counsel's fee. The solicitor's fees was charged at $4,000 per hour for a total of 10 hours.

2.The Plaintiff has suggested a reduction of $93,100, the bulk of which related to counsel's fee (a reduction of $50,000). It is also said that the time charged and the hourly rate of $4,000 were excessive having regard to the simple and straightforward nature of the application.

3.We agree.  Also, the hearing was fixed for half an hour and listed for hearing at 9:30 am.  In such circumstances, we believe $51,201 to be entirely adequate and will order that to be paid under O 62 r 9A.

Messrs Johnnie Yam, Jacky Lee & Co, for the Plaintiff

Messrs V Hau & Chow, for the Defendant