CHAU HUNG WAN v. YICK HING CONSTRUCTION CO LTD AND OTHERS

CHAU HUNG WAN v. YICK HING CONSTRUCTION CO LTD AND OTHERS

Applying a broadbrush assessment to allow for excessive entries and duplication, the court reduced Section C to HK$40,000, Section D to HK$120,000, allowed counsel's fee as reasonable, and summarily assessed total recoverable costs at HK$220,000; no further order as to costs in respect of the assessment exercise.

Citation
[2021] HKCFI 3201
Parties
Plaintiff (by Original Action): Chau Hung Wan; 1st Defendant (by Original Action): Yick Hing Construction Company Limited; 2nd Defendant (by Original Action): Yuen Chung Yuen Edward; 3rd Defendant (by Original Action): Guan Yan Zhigang; 4th Defendant (by Original Action): IP & Fu Investment Co. Limited; Plaintiff (counterclaim): Guan Yan Zhigang; 1st Defendant (counterclaim): Chau Hung Wan; 2nd Defendant (counterclaim): Liao Jin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 October 2021
Case Number
HCA1597/2019
Procedural Posture
Civil (costs on Appeal) / Costs Assessment/decision
Outcome
Costs assessed in the sum of HK$220,000; no further order as to costs in respect of the assessment exercise.
Legal Topics
Costs Assessment, Costs Order Nisi, Security Summons, Statement of Objections
Source Language
EN
Civil Procedure Costs Appeal Costs Assessment Costs Order Nisi Security Summons Statement of Objections

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Parties

Chau Hung Wan

Plaintiff (by Original Action)

Yick Hing Construction Company Limited

1st Defendant (by Original Action)

Yuen Chung Yuen Edward

2nd Defendant (by Original Action)

Guan Yan Zhigang

3rd Defendant (by Original Action)

IP & Fu Investment Co. Limited

4th Defendant (by Original Action)

Guan Yan Zhigang

Plaintiff (counterclaim)

Chau Hung Wan

1st Defendant (counterclaim)

Liao Jin

2nd Defendant (counterclaim)

Procedural Posture

Civil (costs on Appeal) / Costs Assessment/decision

Legal Issues

  1. 1 Whether claimed costs were reasonable and recoverable
  2. 2 Whether particular time entries were excessive or duplicated
  3. 3 Appropriate allowance for seniority and fee levels of counsel and fee earners

Ratio Decidendi

Applying a broadbrush assessment to allow for excessive entries and duplication, the court reduced Section C to HK$40,000, Section D to HK$120,000, allowed counsel's fee as reasonable, and summarily assessed total recoverable costs at HK$220,000; no further order as to costs in respect of the assessment exercise.

Court Disposition

Costs assessed in the sum of HK$220,000; no further order as to costs in respect of the assessment exercise.

Orders

  • Total costs assessed at HK$220,000
  • Section C assessed at HK$40,000