李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER

李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER

The judge refused the defendants' leave to appeal and, having considered the Statement of Costs, Objections and Reply, agreed that specified items and Mr Lin's fee were excessive, reduced Mr Lin's fee to HK$150,000 and, adopting a broad brush approach, summarily assessed the plaintiffs' costs at HK$210,000, making...

Source-derived case information.

Citation
[2023] HKCFI 1034
Parties
Plaintiffs: 1st to 3rd Plaintiffs; Defendants: 1st and 2nd Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2023
Case Number
HCA597/2021
Procedural Posture
Civil Costs and Leave to Appeal / Decision on Costs (post Refusal of Leave to Appeal)
Outcome
Costs awarded to the Plaintiffs; summary assessment fixed at HK$210,000; Mr Lin's fee reduced to HK$150,000.
Legal Topics
Costs Assessment, Summary Assessment, Leave to Appeal, Costs Order Nisi
Source Language
en
Civil Procedure Costs Appeal Costs Assessment Summary Assessment Leave to Appeal Costs Order Nisi

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Summary, issues, holding and outcome

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Parties

1st to 3rd Plaintiffs

Plaintiffs

1st and 2nd Defendants

Defendants

Procedural Posture

Civil Costs and Leave to Appeal / Decision on Costs (post Refusal of Leave to Appeal)

Legal Issues

  1. 1 Whether the costs order nisi should be made absolute
  2. 2 Whether specific items of the plaintiffs' costs are excessive
  3. 3 Whether Mr Lin's counsel fee is excessive and should be reduced

Ratio Decidendi

The judge refused the defendants' leave to appeal and, having considered the Statement of Costs, Objections and Reply, agreed that specified items and Mr Lin's fee were excessive, reduced Mr Lin's fee to HK$150,000 and, adopting a broad brush approach, summarily assessed the plaintiffs' costs at HK$210,000, making the costs order absolute because the defendants did not renew their leave application.

Court Disposition

Costs awarded to the Plaintiffs; summary assessment fixed at HK$210,000; Mr Lin's fee reduced to HK$150,000.

Orders

  • Costs order made absolute; Plaintiffs shall have the costs of the NOA Summons
  • Costs to be assessed summarily