張才奎所託管中國山水投資有限公司股份相關員工 AND OTHERS v. 張才奎 AND ANOTHER

張才奎所託管中國山水投資有限公司股份相關員工 AND OTHERS v. 張才奎 AND ANOTHER

The court allowed the SH Plaintiffs' entitlement to costs but, on summary assessment, reduced the professional and counsel fees for duplication and excess: professional fees were reduced as duplication was found and attendance of three fee earners was unjustified; counsel fees were reduced despite the certificate...

Source-derived case information.

Citation
[2022] HKCFI 326
Parties
Plaintiffs: SH Plaintiffs (Relevant employees whose shares in China Shanshui Investment Company Limited were held on trust by Zhang Caikui and Li Yanmin); Plaintiffs: Li Ming et al (Relevant employees in HCA 1282/2017); 1st Defendant: ZHANG CAIKUI; 2nd Defendant: LI YANMIN; Respondents: EY Receivers (Former Receivers)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 January 2022
Case Number
HCA1564/2015
Procedural Posture
Civil (trust and Shareholders Dispute) / Costs Assessment / Decision
Outcome
Costs awarded to SH Plaintiffs and summarily assessed
Legal Topics
Costs Assessment, Summary Assessment of Costs, Certificate for Counsel, Receivers' Lien
Source Language
en
Civil Procedure Trusts Company Law Costs Costs Assessment Summary Assessment of Costs Certificate for Counsel Receivers' Lien

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Parties

SH Plaintiffs (Relevant employees whose shares in China Shanshui Investment Company Limited were held on trust by Zhang Caikui and Li Yanmin)

Plaintiffs

Li Ming et al (Relevant employees in HCA 1282/2017)

Plaintiffs

ZHANG CAIKUI

1st Defendant

LI YANMIN

2nd Defendant

EY Receivers (Former Receivers)

Respondents

Procedural Posture

Civil (trust and Shareholders Dispute) / Costs Assessment / Decision

Legal Issues

  1. 1 Whether SH Plaintiffs are entitled to costs of the applications
  2. 2 Appropriate quantum of recoverable costs including counsel fees
  3. 3 Whether fees for a third counsel are recoverable despite certificate for two counsel

Ratio Decidendi

The court allowed the SH Plaintiffs' entitlement to costs but, on summary assessment, reduced the professional and counsel fees for duplication and excess: professional fees were reduced as duplication was found and attendance of three fee earners was unjustified; counsel fees were reduced despite the certificate for two counsel. Applying a broad brush assessment the court fixed the recoverable total at HK$680,000 and made no further order on costs.

Court Disposition

Costs awarded to SH Plaintiffs and summarily assessed

Orders

  • SH Plaintiffs awarded their costs of the applications to be summarily assessed
  • Total recoverable costs summarily assessed at HK$680,000