Hong Kong Hua Qiao Co Ltd v. Cham Ka Tai

HCA 2619/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2619 OF 2005

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(By Counterclaim)

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DECISION ON SUMMARY ASSESSMENT OF COSTS

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1.On 30 July 2013, I handed down judgment in this matter. A costs order nisi was made, and on 27 June 2014, having heard from counsel for the company, and not calling upon counsel for Ms Cham, I made the costs order absolute.

2.Ms Cham, having succeeded in resisting a variation of a costs order, is entitled to her costs for the date of the hearing.  At my request, the solicitors for Ms Cham have submitted a statement of costs for summary assessment, and the solicitors for the company have submitted their objections to that statement.  The total amount claimed for solicitors was $36,700 together with counsel’s brief fee was $30,000.

3.I accept the contention by the solicitors for the company that the time claimed in respect of the work undertaken by the company’s solicitors is excessive.  This was a straightforward matter, being dealt with by solicitors who were involved in the trial, and which justified no more than a 30 minute attendance on the client, a one hour attendance on counsel, and little in the way of documentary work, other than the preparation of a straightforward one page summons.  The company’s solicitors’ costs are fixed at $15,000.

4.It is right that counsel was involved in the trial, and was accordingly familiar with the matter, and the basis upon which the costs order nisi was made.  Notwithstanding that, it was necessary for counsel to consider the company’s counsel’s skeleton, and to prepare a skeleton in reply.  I am satisfied that counsel’s brief fee of $30,000 is perfectly reasonable and it is accordingly approved.

5.The costs are accordingly fixed at $45,000.

Mr Edward T C Chan, instructed by Lawrence K Y Lo & Co, for the plaintiff by original action and the 1^st and 2^nd defendants by counterclaim

Mr Alan Kwong, instructed by Jimmie K S Wong & Partners, for the defendant by original action and the plaintiff by counterclaim