Leung Siu v. Bank of China (Hong Kong) Ltd

HCA 1911/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

HIGH COURT ACTION NO 1911 OF 2012

_________________________

BETWEEN

_________________________

_____________

D E C I S I O N

_____________

1.Pursuant to my order dated 8 April 2014 in which the plaintiff was ordered to pay the defendant’s costs for her interrogatories, which she had withdrawn as requested by the defendant.

2.The defendant has provided the schedule of costs in accordance with my order.

3.The total amount claimed is $33,208.34, including counsel’s fee of $5,000.

4.The plaintiff objects that the amount is excessive.  The objection is basically that it should not take so much time for the defendant’s solicitors to be engaged in the application and that the hourly charges are also excessive.

5.I have considered the interrogatories myself.  There are altogether 7 questions.

6.Question 1 is a factual one, which I consider not relevant to the issues in dispute.  It should be simply discarded.

7.Questions 2 is on the records of the bank, which should be made by way of discovery rather than by interrogatory.  2(b) may be on fact.  But it is of very marginal relevance and should not be pursued.

8.Question 3 is obviously subjective opinion, rather than a matter of fact.  It should not cause much difficulty for the defendant to oppose it.

9.Questions 4 - 7 are for documents, which should be made by way of discovery rather than interrogatory.

10.I agree that this broad-brush approach may somewhat over-simplify the issues.  The defendant is quite entitled to seek counsel’s opinion on those questions.

11.However, I consider that the costs for determination of those issues should be in the region of $21,000 and so I assess the costs for the defendant.

12.The plaintiff shall pay to the defendant $21,000 within 14 days from the date hereof.  This costs order should include the costs for today’s hearing.

Mr. Lee Ka Kui, of Lee & Associates Law Office, for the plaintiff

Mr. Kevin So, of Clifford Chance, for the defendant