Profit Step Development Ltd and Another v. Sun Rising Development (Agriculture) Ltd and Another

CACV 279/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 279 OF 2010

(ON APPEAL FROM HCA NO. 1649 OF 2008)

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BETWEEN

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Before: Hon Tang VP and Chu JA in Court

Date of Hearing: 13 January 2012

Date of Decision on Costs: 3 February 2012

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DECISION ON COSTS

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Hon Tang VP:

1.I refer to our judgment given on 20 January 2012. We are now concerned with a gross sum assessment of the costs which we have ordered Messrs Johnnie Yam, Jacky Lee & Co ("JYJL") to pay.

2.The plaintiffs' Statement of Costs for Summary Assessment under O 62 r 9(a) totalled $184,678 which included a brief fee of $98,000 for Mr William Chan and $36,000 for Ms Sylvia Lee.  The solicitors' costs amounted to $50,678.

3.The Reply to the Plaintiff's Statement of Costs for Summary Assessment submitted on behalf of the JYJL totalled $90,138.  The bulk of the suggested reduction relates to counsels' fees.  JYJL proposed that Mr William Chan's fees be reduced by $54,000 and Ms Lee's by $13,000. 

4.I believe the figure of $90,138 suggested by JYJL is entirely adequate.  As our judgment shows, there was no objection to JYJL's application such that it is doubtful whether it was necessary for two counsel to appear on behalf of the plaintiffs. 

5.Thus, in the circumstances, I would assess the costs payable by JYJL at $90,138.

Hon Chu JA:

6.I agree.

Mr William Chan & Ms Sylvia Lee, instructed by Messrs Fred Kan & Co, for the 1^st and 2^nd Plaintiffs

The 1^st Defendant, in person, absent.

Mr Edward Chan, SC & Mr KK Kwok, instructed by Messrs Johnnie Yam, Jacky Lee & Co for Messrs Johnnie Yam, Jacky Lee & Co