ASM ASSEMBLY AUTOMATION LTD AND ANOTHER v. CHAN LO KWAN AND ANOTHER

ASM ASSEMBLY AUTOMATION LTD AND ANOTHER v. CHAN LO KWAN AND ANOTHER

Apply the test whether an item would have been incurred irrespective of the adjournment; counsel fees ordinarily fail that test, but where the costs order separately certifies two counsel those fees can be treated as a discrete item and allowed; on review the allowed amounts are HK$164,000 for senior counsel and HK$50,000 for junior counsel.

Citation
ASM ASSEMBLY AUTOMATION LTD AND ANOTHER v. CHAN LO KWAN AND ANOTHER
Parties
1st Plaintiff: ASM ASSEMBLY AUTOMATION LTD; 2nd Plaintiff: ASM TECHNOLOGY SINGAPORE LTD; 1st Defendant: CHAN LO KWAN; 2nd Defendant: INTRA-TECH MECHATRONICS LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2006
Case Number
HCA7622/1999
Procedural Posture
Review of Taxation / Decision on Review of Taxation
Outcome
Review allowed in part; counsel fees allowed in specified amounts; no order as to costs of the review.
Legal Topics
Costs of Adjournment, Counsel Fees, Certificate for Two Counsel, Taxation Review
Source Language
EN
Civil Procedure Costs Taxation of Costs Costs of Adjournment Counsel Fees Certificate for Two Counsel Taxation Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

ASM ASSEMBLY AUTOMATION LTD

1st Plaintiff

ASM TECHNOLOGY SINGAPORE LTD

2nd Plaintiff

CHAN LO KWAN

1st Defendant

INTRA-TECH MECHATRONICS LTD

2nd Defendant

Procedural Posture

Review of Taxation / Decision on Review of Taxation

Legal Issues

  1. 1 Whether receiving party's counsel fees fall within order 'Costs of and occasioned by this adjournment'
  2. 2 Whether counsel fees can be treated as a discrete item separate from other costs of the adjournment
  3. 3 Proper quantum of counsel fees to be allowed on review of taxation

Ratio Decidendi

Apply the test whether an item would have been incurred irrespective of the adjournment; counsel fees ordinarily fail that test, but where the costs order separately certifies two counsel those fees can be treated as a discrete item and allowed; on review the allowed amounts are HK$164,000 for senior counsel and HK$50,000 for junior counsel.

Court Disposition

Review allowed in part; counsel fees allowed in specified amounts; no order as to costs of the review.

Orders

  • Item 45 (senior counsel fees) allowed in the sum of HK$164000
  • Item 46 (junior counsel fees) allowed in the sum of HK$50000