ALEXINA INVESTMENTS LTD. AND ANOTHER v. KEYSBERG LTD. AND OTHERS

ALEXINA INVESTMENTS LTD. AND ANOTHER v. KEYSBERG LTD. AND OTHERS

On a broad assessment approach the court reduced the claimed solicitors' and counsel fees to figures it considered reasonable for heavy commercial litigation: plaintiffs' claimed $2,185,000 assessed at $1,900,000; third party's claimed $1,496,000 assessed at $1,350,000; interlocutory application costs awarded as specified. The court ordered payment forthwith and directed that certain amounts be paid into court into separate interest-bearing accounts.

Citation
ALEXINA INVESTMENTS LTD. AND ANOTHER v. KEYSBERG LTD. AND OTHERS
Parties
1st Plaintiff: Alexina Investments Limited; 2nd Plaintiff: Sovereign Nominees Limited; 1st Defendant: Keysberg Limited; 2nd Defendant: Collinwood Limited; 3rd Defendant: Carrasco Investments Limited; 4th Defendant: Manohar Rajaram Chhabria; 5th Defendant: Jumbo International Holdings Ltd; Third Party: Third Party
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 2000
Case Number
HCA6359/1992
Procedural Posture
Civil Commercial Litigation Costs Assessment / Gross Sum Assessment (post Trial)
Outcome
Court made gross sum assessment awards and ordered immediate payment by the defendants.
Legal Topics
Costs Assessment, Gross Sum Assessment, Indemnity Costs, Stay Application, Allocation of Costs
Source Language
EN
Civil Procedure Costs Commercial Litigation Costs Assessment Gross Sum Assessment Indemnity Costs Stay Application Allocation of Costs

Case Brief

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Parties

Alexina Investments Limited

1st Plaintiff

Sovereign Nominees Limited

2nd Plaintiff

Keysberg Limited

1st Defendant

Collinwood Limited

2nd Defendant

Carrasco Investments Limited

3rd Defendant

Manohar Rajaram Chhabria

4th Defendant

Jumbo International Holdings Ltd

5th Defendant

Third Party

Third Party

Procedural Posture

Civil Commercial Litigation Costs Assessment / Gross Sum Assessment (post Trial)

Legal Issues

  1. 1 Whether the claimed costs were reasonable and within the broad range for heavy commercial litigation
  2. 2 Appropriate reductions to make on a broad assessment basis
  3. 3 Allocation and payment mechanism for assessed costs

Ratio Decidendi

On a broad assessment approach the court reduced the claimed solicitors' and counsel fees to figures it considered reasonable for heavy commercial litigation: plaintiffs' claimed $2,185,000 assessed at $1,900,000; third party's claimed $1,496,000 assessed at $1,350,000; interlocutory application costs awarded as specified. The court ordered payment forthwith and directed that certain amounts be paid into court into separate interest-bearing accounts.

Court Disposition

Court made gross sum assessment awards and ordered immediate payment by the defendants.

Orders

  • Award plaintiffs' trial costs from 1 November to end of trial in gross sum of $1,900,000 to be paid by the defendants forthwith
  • Award third party's trial costs from 1 November to end of trial in gross sum of $1,350,000 to be paid by the defendants forthwith