LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER

LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER

The court allowed disbursements and profit costs (pages 1–4) in full, allowed items (A)–(D) in full, allowed $2,800 of item (E) resulting in a $14,800 deduction from $1,266,400 to $1,251,200, then made a further $50,000 deduction for wasted time and minor trial inefficiencies, producing a gross sum assessment of $1,201,200 payable immediately, subject to deduction of two sums ordered to be returned to the 2nd defendant with specified interest.

Citation
LO WO AND OTHERS v. CHEUNG CHAN KA, JOSEPH AND ANOTHER
Parties
1st Plaintiff: LO WO; 2nd Plaintiff: LO TAI; 3rd Plaintiff: LO LAN; 1st Defendant: CHEUNG CHAN KA, JOSEPH (also known as CHEUNG CHAN KA); 2nd Defendant: BOND STAR DEVELOPMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2000
Case Number
HCA618/1997
Procedural Posture
Civil Cost Assessment (gross Sum Assessment) / Post‑trial Gross Sum Assessment Under Order 62 R.9(4)(b)
Outcome
Gross sum assessment awarded to plaintiffs in the gross amount of HK$1,201,200, subject to deductions of sums previously ordered to be returned to the 2nd defendant.
Legal Topics
Gross Sum Assessment, Taxation of Costs, Deduction for Wasted Costs, Interest on Returned Sums
Source Language
EN
Civil Procedure Costs Gross Sum Assessment Taxation of Costs Deduction for Wasted Costs Interest on Returned Sums

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Parties

LO WO

1st Plaintiff

LO TAI

2nd Plaintiff

LO LAN

3rd Plaintiff

CHEUNG CHAN KA, JOSEPH (also known as CHEUNG CHAN KA)

1st Defendant

BOND STAR DEVELOPMENT LIMITED

2nd Defendant

Procedural Posture

Civil Cost Assessment (gross Sum Assessment) / Post‑trial Gross Sum Assessment Under Order 62 R.9(4)(b)

Legal Issues

  1. 1 Whether gross sum assessment should be made in lieu of taxation
  2. 2 What items and amounts are allowable as costs and disbursements
  3. 3 Whether and how much to deduct for time wasted and other adjustments

Ratio Decidendi

The court allowed disbursements and profit costs (pages 1–4) in full, allowed items (A)–(D) in full, allowed $2,800 of item (E) resulting in a $14,800 deduction from $1,266,400 to $1,251,200, then made a further $50,000 deduction for wasted time and minor trial inefficiencies, producing a gross sum assessment of $1,201,200 payable immediately, subject to deduction of two sums ordered to be returned to the 2nd defendant with specified interest.

Court Disposition

Gross sum assessment awarded to plaintiffs in the gross amount of HK$1,201,200, subject to deductions of sums previously ordered to be returned to the 2nd defendant.

Orders

  • Gross sum assessment of HK$1,201,200 in favour of the plaintiffs to be paid immediately
  • Allow disbursements and profit costs (pages 1–4 of schedule) in full