Yeung Ga Wai Formerly Known As Yeung Pui Wah v. Lau Ming Shum

HCA 798/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 798 OF 2004

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BETWEEN

Before : Mr Registrar K.W. Lung in Chambers

Date of Paper Disposal : 7 August 2012

Date of Handing Down Reasons for Decision : 8 August 2012

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REASONS FOR DECISION ON COSTS

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1.By my Decision handed down on 19 July 2012, I dismissed the defendant’s application for adducing expert evidence at trial with costs to the plaintiff to be assessed summarily by way of a schedule of costs and the list of objections to be filed and served by the parties.

2.The parties have filed the schedule of costs and the list of objections respectively.

3.The plaintiff’s costs, as according to the schedule, amount to $82,500.00.

4.The defendant opposes this amount on the ground that some of the items in the schedule are unreasonable and excessive, bearing in mind that the hearing was set down for 2 hours only.

5.I agree with the defendant’s objections in respect of the following items, namely, B1: communication including conferences with client and counsel, which should be cut down to 2 hours only; C1: the time for perusal of documents, which should be cut down to 3.5 hours only; E: counsel’s fee, to be disallowed as counsel was not instructed for the hearing.

6.It is trite that the Court should adopt a broad-brush approach for summary assessment of the costs.

7.Applying the broad-brush approach, I assess the costs to be $50,000.00, which I order the defendant to pay to the plaintiff within 14 days from 22 August 2012.

8.This order nisi is made under Order 42 rule 5B(6), which shall become absolute unless an application is made to vary this order by 22 August 2012.

Messrs Leung, Tam & Wong for the Plaintiff

Messrs Kenneth Woo & Co. for the Defendant