THE DELTA PLA

THE DELTA PLA

The court fixed a sensible upper hourly rate at HK$3,500 for a senior solicitor and allowed 35 hours as reasonable; it allowed Taiwanese disbursements in part but disallowed Singaporean lawyers' costs, resulting in total assessed costs of HK$150,000 (profit costs HK$125,000 and disbursements HK$25,000) payable by...

Source-derived case information.

Citation
THE DELTA PLA
Parties
Plaintiffs: The owners of and/or other persons entitled to sue in respect of the cargo lately laden on board the ship or vessel Delta 62; Defendants: The owners and/or demise charterers of the ship or vessel Delta Pia; Intervener: Key Yang Shipping Co. Ltd; Intervener: Shin Han Capital Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 June 2003
Case Number
HCAJ31/2002
Procedural Posture
Admiralty Action in Rem / Gross Sum Assessment of Costs Following Successful Motion for Release of Vessel
Outcome
Interveners' costs assessment allowed in part; plaintiffs ordered to pay interveners assessed costs.
Legal Topics
Arrest and Release of Vessel, Intervener Costs Recovery, Assessment of Solicitor Hourly Rates, Allowable Disbursements
Source Language
en
Admiralty/maritime Law Civil Procedure Costs Law Arrest and Release of Vessel Intervener Costs Recovery Assessment of Solicitor Hourly Rates Allowable Disbursements

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Parties

The owners of and/or other persons entitled to sue in respect of the cargo lately laden on board the ship or vessel Delta 62

Plaintiffs

The owners and/or demise charterers of the ship or vessel Delta Pia

Defendants

Key Yang Shipping Co. Ltd

Intervener

Shin Han Capital Co. Ltd

Intervener

Procedural Posture

Admiralty Action in Rem / Gross Sum Assessment of Costs Following Successful Motion for Release of Vessel

Legal Issues

  1. 1 Whether interveners are entitled to recover costs from the plaintiffs following their successful motion
  2. 2 What is a reasonable hourly rate for a senior solicitor in Hong Kong in 2003
  3. 3 What is a reasonable number of hours to allow for the solicitor's work

Ratio Decidendi

The court fixed a sensible upper hourly rate at HK$3,500 for a senior solicitor and allowed 35 hours as reasonable; it allowed Taiwanese disbursements in part but disallowed Singaporean lawyers' costs, resulting in total assessed costs of HK$150,000 (profit costs HK$125,000 and disbursements HK$25,000) payable by the plaintiffs to the interveners.

Court Disposition

Interveners' costs assessment allowed in part; plaintiffs ordered to pay interveners assessed costs.

Orders

  • Plaintiffs to pay interveners costs assessed at HK$150,000 in total
  • Assessment comprised profit costs of HK$125,000 and disbursements of HK$25,000