Case Document

100%Judiciary

HCMP 82/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 82 OF 2012

____________________________

	IN THE MATTER of the Property known as ALL THAT piece or parcel of ground registered in the Land Registry as LOT NO. 448 in DEMARCATION DISTRICT No. 248, Sai Kung, New Territories, Hong Kong TOGETHER with the messuages erections and buildings thereon (if any) hereinafter referred to as “the Property”).
	and
	IN THE MATTER of a Charging Order Absolute made against the Property under the High Court of the Hong Kong Special Administrative Region Court of First Instance Action No. 862 of 2011 dated 20^th July 2011 and registered in the Land Registry by Memorial No. 11072900350064 (hereinafter referred to as “the Charging Order Absolute”)
	and
	IN THE MATTER of Order 31, Order 50 Rule 9A(1) and Order 88 of the Rules of the High Court, Cap. 336.

BETWEEN

	SILVER HOPE LIMITED	Plaintiff
	and
	CHAN KWAI WAH ALICE	Defendant

____________________________

Coram: Before Mr Registrar K.W. Lung in Chambers

Date of Filing of Written Submissions:	Intended Defendant’s submission filed on 20 November 2012 and Plaintiff’s submission filed on 27 November 2012
Date of Decision: 3 December 2012

_______________________________

DECISION ON COSTS

_______________________________

1.On 15 November 2012, I had, in my Decision held that leave be given to the intended defendant to join as a party and the plaintiff should pay the intended defendant’s costs for the application to join. In my Decision, I had order that the costs of the application should be summarily assessed pursuant to Order 62 rule 9A RHC.

2.Pursuant to paragraph 25 of my Decision, the intended defendant has now submitted written schedule of costs and the plaintiff, the list of objections.

3.The total costs claimed by the intended defendant are $137,724.00.

4.The plaintiff has set out the objections in respect of each items of the schedule of cost and proposed to deduct totally $57,271.00.

5.This summary assessment shall be made on a broad-brush approach[1]. I decide to deduct a minor part of section C on the communication including conference, telephone calls and letters and a major part from section D – professional work, which has included evidence that can be used for the substantive hearing of the Originating Summons and come up with a round-off figure of $83,000.00 to the intended defendant.

6.I so order and the payment should be made within 14 days from the date of this order.