CAPCOM CO LTD AND ANOTHER v. NG LAI KUEN

CAPCOM CO LTD AND ANOTHER v. NG LAI KUEN

The Master dismissed the review and upheld the original taxation adjustments: substantially reduced counsel fees for drafting 15 defences (allowed $68,750 total, $4,583 per defence), reduced PTR attendance claims to $7,500 per occasion, allowed leading counsel's brief and refresher fees as reasonable, disallowed all...

Source-derived case information.

Citation
CAPCOM CO LTD AND ANOTHER v. NG LAI KUEN
Parties
1st Plaintiff: CAPCOM COMPANY LIMITED; 2nd Plaintiff: CAPCOM ASIA COMPANY LIMITED; Defendants: Defendants (various newspaper stall operators)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2009
Case Number
HCA2491/2006
Procedural Posture
Taxation Review of Costs After Trial and District Court Judgment / Post Judgment Formal Taxation and Review Before Master of the High Court
Outcome
Review dismissed
Legal Topics
Costs Taxation, Counsel Fees, Passing Off, Party and Party Costs, Interim Certificate
Source Language
en
Civil Procedure Costs and Taxation Intellectual Property Costs Taxation Counsel Fees Passing Off Party and Party Costs Interim Certificate

Source-derived case record

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Parties

CAPCOM COMPANY LIMITED

1st Plaintiff

CAPCOM ASIA COMPANY LIMITED

2nd Plaintiff

Defendants (various newspaper stall operators)

Defendants

Procedural Posture

Taxation Review of Costs After Trial and District Court Judgment / Post Judgment Formal Taxation and Review Before Master of the High Court

Legal Issues

  1. 1 Whether counsel fees claimed were excessive or unreasonable
  2. 2 Appropriate allowance for fees for drafting multiple defences
  3. 3 Appropriate allowance for attendance at pre-trial reviews (PTRs)

Ratio Decidendi

The Master dismissed the review and upheld the original taxation adjustments: substantially reduced counsel fees for drafting 15 defences (allowed $68,750 total, $4,583 per defence), reduced PTR attendance claims to $7,500 per occasion, allowed leading counsel's brief and refresher fees as reasonable, disallowed all junior counsel fees, and ordered that costs follow the event with a specific award of $8,300 to the receiving party, nisi to become absolute in 14 days.

Court Disposition

Review dismissed

Orders

  • Review dismissed
  • Costs to follow the event