HAU WUN FAI AND OTHERS v. KAN WAI CHUNG AND OTHERS

HAU WUN FAI AND OTHERS v. KAN WAI CHUNG AND OTHERS

Court held costs should be assessed on the party and party basis, disallowed costs of preparing full hearing bundles as unnecessary, allowed counsel's brief, reduced claimed costs and ordered a gross sum assessment of HK$75,000 to be paid by the applicants to the respondents.

Citation
HAU WUN FAI AND OTHERS v. KAN WAI CHUNG AND OTHERS
Parties
1st Applicant (intended Respondent): Hau Wun Fai; 2nd Applicant (intended Respondent): Li Siu Fung; 3rd Applicant (intended Respondent): Yeung Wai Hung Peter; 4th Applicant (intended Respondent): Lee Kwok Yung; 1st Respondent (intended Appellant): Kan Wai Chung; 2nd Respondent (intended Appellant): Kan Kar Fai; 3rd Respondent (intended Appellant): Kan Wai Ming; 4th Respondent (intended Appellant): Lau Fook Keung; 5th Respondent (intended Appellant): Kan For Ping Steven
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2017
Case Number
HCMP1925/2015
Procedural Posture
Miscellaneous Proceedings (on Intended Appeal) / Decision on Extension of Time and Gross Sum Assessment of Costs
Outcome
Applicants ordered to pay respondents' costs of the extension application on a party and party basis assessed as a gross sum.
Legal Topics
Extension of Time, Gross Sum Assessment of Costs, Party and Party Vs Indemnity Costs, Sealing of Orders, Costs of Hearing Preparation
Source Language
EN
Civil Procedure Costs Appeals Insolvency/statutory Demand Extension of Time Gross Sum Assessment of Costs Party and Party Vs Indemnity Costs Sealing of Orders +1 more

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hau Wun Fai

1st Applicant (intended Respondent)

Li Siu Fung

2nd Applicant (intended Respondent)

Yeung Wai Hung Peter

3rd Applicant (intended Respondent)

Lee Kwok Yung

4th Applicant (intended Respondent)

Kan Wai Chung

1st Respondent (intended Appellant)

Kan Kar Fai

2nd Respondent (intended Appellant)

Kan Wai Ming

3rd Respondent (intended Appellant)

Lau Fook Keung

4th Respondent (intended Appellant)

Kan For Ping Steven

5th Respondent (intended Appellant)

Procedural Posture

Miscellaneous Proceedings (on Intended Appeal) / Decision on Extension of Time and Gross Sum Assessment of Costs

Legal Issues

  1. 1 Whether costs should be assessed on indemnity or party and party basis
  2. 2 Whether counsel's fees and costs of preparing hearing bundles were recoverable
  3. 3 What gross sum should be allowed on a party and party basis

Ratio Decidendi

Court held costs should be assessed on the party and party basis, disallowed costs of preparing full hearing bundles as unnecessary, allowed counsel's brief, reduced claimed costs and ordered a gross sum assessment of HK$75,000 to be paid by the applicants to the respondents.

Court Disposition

Applicants ordered to pay respondents' costs of the extension application on a party and party basis assessed as a gross sum.

Orders

  • Costs assessed on party and party basis; indemnity costs refused.
  • Costs of preparing full hearing bundles disallowed.