莫懿 v 宏大香港資產管理有限公司 AND ANOTHER

莫懿 v 宏大香港資產管理有限公司 AND ANOTHER

The court exercised its summary assessment powers to disallow excessive time-based claims and to fix reasonable lump-sum assessments: Section D (preparation/perusal/preparation for hearing) was summarily assessed at HK$100,000, counsel fee was fixed at HK$55,000, Part I was summarily assessed at HK$190,000 and Part...

Source-derived case information.

Citation
[2022] HKCFI 251
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): 莫懿; 1st Defendant (original Action); 1st Plaintiff (counterclaim): 宏大香港資產管理有限公司; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim): 陳宏; 2nd Defendant (counterclaim): DENG ZHI（鄧智）
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 2022
Case Number
HCA897/2018
Procedural Posture
Civil Costs Assessment / Decision on Costs (second Decision)
Outcome
Second Decision on Costs assessing and fixing costs as set out below and making no further costs order
Legal Topics
Costs Assessment, Summary Assessment, Counsel Fees
Source Language
en
Civil Procedure Costs Costs Assessment Summary Assessment Counsel Fees

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Parties

莫懿

Plaintiff (original Action); 1st Defendant (counterclaim)

宏大香港資產管理有限公司

1st Defendant (original Action); 1st Plaintiff (counterclaim)

陳宏

2nd Defendant (original Action); 2nd Plaintiff (counterclaim)

DENG ZHI（鄧智）

2nd Defendant (counterclaim)

Procedural Posture

Civil Costs Assessment / Decision on Costs (second Decision)

Legal Issues

  1. 1 Whether claimed costs relate to the specific application or to the main action/defence
  2. 2 Whether time claimed for preparation and perusal (Sections D1–D3) was excessive
  3. 3 What constitutes a reasonable counsel fee

Ratio Decidendi

The court exercised its summary assessment powers to disallow excessive time-based claims and to fix reasonable lump-sum assessments: Section D (preparation/perusal/preparation for hearing) was summarily assessed at HK$100,000, counsel fee was fixed at HK$55,000, Part I was summarily assessed at HK$190,000 and Part II at HK$19,000; costs must relate to the application and excessive elements are to be reduced accordingly.

Court Disposition

Second Decision on Costs assessing and fixing costs as set out below and making no further costs order

Orders

  • Part I (O.14 Summons) summarily assessed at HK$190,000.
  • Part II (application to vary Costs Order Nisi) summarily assessed at HK$19,000.