林進傑 對 申訴專員

林進傑 對 申訴專員

The court refused the applicant's request for an oral costs assessment and applied the party-and-party standard by written (summary) assessment, fixed appropriate hourly rates (HK$5,600 for the senior solicitor; HK$3,200 for the junior solicitor), disallowed multiple charges for the same single item, adjusted...

Source-derived case information.

Citation
[2024] HKCA 54
Parties
Applicant: 林進傑; Respondent: 申訴專員
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 January 2024
Case Number
CACV473/2022
Procedural Posture
Civil Appeal / Judgment and Costs Assessment
Outcome
Appeal dismissed; applicant ordered to pay respondent's costs of the appeal as assessed.
Legal Topics
Costs Assessment, Party and Party Costs, Hourly Rates for Solicitors, Brief to Counsel, Summary Assessment Procedure
Source Language
ch
Civil Procedure Administrative Law Costs Law Costs Assessment Party and Party Costs Hourly Rates for Solicitors Brief to Counsel Summary Assessment Procedure

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Parties

林進傑

Applicant

申訴專員

Respondent

Procedural Posture

Civil Appeal / Judgment and Costs Assessment

  1. 1 Whether costs should be assessed on written papers or by oral hearing
  2. 2 Proper hourly rates for the solicitors involved
  3. 3 Whether more than one lawyer may be charged for the same item of work

Ratio Decidendi

The court refused the applicant's request for an oral costs assessment and applied the party-and-party standard by written (summary) assessment, fixed appropriate hourly rates (HK$5,600 for the senior solicitor; HK$3,200 for the junior solicitor), disallowed multiple charges for the same single item, adjusted several items downward because of overlap with work done at first instance, reduced counsel's fee to HK$70,000 and assessed total recoverable costs at HK$93,000 payable by the applicant to the respondent.

Court Disposition

Appeal dismissed; applicant ordered to pay respondent's costs of the appeal as assessed.

Orders

  • Applicant's request for oral costs assessment refused
  • Costs assessed on written (summary) procedure