SECRETARY FOR JUSTICE v. CHOY BING WING

SECRETARY FOR JUSTICE v. CHOY BING WING

The court allowed the claimed rates and most manual and communication items but reduced photocopying from HK$1,142 to HK$800 and reduced professional time from 2.5 hours to 1.75 hours because the matter was very simple and completely lacking in merit, resulting in assessed costs of HK$10,136 to be paid by the Defendant to the Plaintiff.

Citation
SECRETARY FOR JUSTICE v. CHOY BING WING
Parties
Plaintiff (respondent): Secretary for Justice; Defendant (applicant): Choy Bing Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 March 2013
Case Number
HCMP2665/2012
Procedural Posture
Application for Leave to Apply for an Order of Committal (court of Appeal Miscellaneous Proceedings) / Application for Leave to Appeal Dismissed; Costs Assessment Stage
Outcome
Application for leave to appeal dismissed; Defendant ordered to pay Plaintiff's costs of the application for leave
Legal Topics
Assessment of Costs, Summary Assessment, Leave to Appeal, Reasonableness of Hourly Rates, Photocopying Costs
Source Language
EN
Civil Procedure Costs Appeal Committal Assessment of Costs Summary Assessment Leave to Appeal Reasonableness of Hourly Rates +1 more

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Parties

Secretary for Justice

Plaintiff (respondent)

Choy Bing Wing

Defendant (applicant)

Procedural Posture

Application for Leave to Apply for an Order of Committal (court of Appeal Miscellaneous Proceedings) / Application for Leave to Appeal Dismissed; Costs Assessment Stage

Legal Issues

  1. 1 Whether the claimed costs were reasonable and recoverable
  2. 2 Appropriateness of hourly charging rates for fee earner and law clerk
  3. 3 Quantum of photocopying costs given bundle size

Ratio Decidendi

The court allowed the claimed rates and most manual and communication items but reduced photocopying from HK$1,142 to HK$800 and reduced professional time from 2.5 hours to 1.75 hours because the matter was very simple and completely lacking in merit, resulting in assessed costs of HK$10,136 to be paid by the Defendant to the Plaintiff.

Court Disposition

Application for leave to appeal dismissed; Defendant ordered to pay Plaintiff's costs of the application for leave

Orders

  • Defendant to pay Plaintiff's costs of the application for leave in the assessed sum of HK$10,136
  • Costs summarily assessed with reductions to photocopying and professional time as specified