CAPCOM CO LTD AND ANOTHER v. CHU WAI MING

CAPCOM CO LTD AND ANOTHER v. CHU WAI MING

The Master applied White Book principles and found specific fees excessive given the materials and similarity of work: he reduced counsel\u2019s fee for drafting 15 largely similar defences by approximately half (allowing $68,750 in total, $4,583 per defence), reduced each PTR attendance fee from $10,000 to $7,500, disallowed all junior counsel fees for trial preparation/attendance, and allowed the leading counsel\u2019s brief and refresher fees in full. The review was dismissed and costs were ordered to follow the event with a costs order nisi of $8,300 to the receiving party to become absolute in 14 days.

Citation
CAPCOM CO LTD AND ANOTHER v. CHU WAI MING
Parties
1st Plaintiff: CAPCOM COMPANY LIMITED; 2nd Plaintiff: CAPCOM ASIA COMPANY LIMITED; Defendants: Defendants (various local newspaper stall operators/owners including Ng King Kuen)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2009
Case Number
HCA2492/2006
Procedural Posture
Taxation Review of Costs Following District Court Judgment on Passing Off Claims / Review of Master\u2019s Taxation Decisions (formal Taxation Review)
Outcome
Review dismissed
Legal Topics
Counsel Fees, Taxation of Costs, Allowance for Drafting Defences, Preparation and Attendance at Pre Trial Reviews (ptrs), Brief and Refresher Fees, Costs Follow the Event
Source Language
EN
Civil Procedure Costs and Taxation Intellectual Property Passing Off Advocates' Remuneration Counsel Fees Taxation of Costs Allowance for Drafting Defences +3 more

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Parties

CAPCOM COMPANY LIMITED

1st Plaintiff

CAPCOM ASIA COMPANY LIMITED

2nd Plaintiff

Defendants (various local newspaper stall operators/owners including Ng King Kuen)

Defendants

Procedural Posture

Taxation Review of Costs Following District Court Judgment on Passing Off Claims / Review of Master\u2019s Taxation Decisions (formal Taxation Review)

Legal Issues

  1. 1 Whether counsel fees charged were excessive and unreasonable for taxation purposes
  2. 2 Proper allowance for drafting multiple similar defences
  3. 3 Proper allowance for attendance at PTRs

Ratio Decidendi

The Master applied White Book principles and found specific fees excessive given the materials and similarity of work: he reduced counsel\u2019s fee for drafting 15 largely similar defences by approximately half (allowing $68,750 in total, $4,583 per defence), reduced each PTR attendance fee from $10,000 to $7,500, disallowed all junior counsel fees for trial preparation/attendance, and allowed the leading counsel\u2019s brief and refresher fees in full. The review was dismissed and costs were ordered to follow the event with a costs order nisi of $8,300 to the receiving party to become absolute in 14 days.

Court Disposition

Review dismissed

Orders

  • Review dismissed
  • Taxation adjustments confirmed: drafting of 15 defences allowed $68,750 in total (approximately $4,583 per defence)