AIM GLOBAL HOLDINGS LTD AND OTHERS v. CHIEN KUN ALLEN AND ANOTHER

AIM GLOBAL HOLDINGS LTD AND OTHERS v. CHIEN KUN ALLEN AND ANOTHER

Although the basis of assessment was varied to an indemnity basis, the court held that claimed amounts must be reasonable. The court exercised its discretion to summarily assess and reduce the claimed items: allowed HK$70,000 for Part C, HK$60,000 for Part D, HK$100,000 for E3‑E5 (counsel drafting) totaling HK$265,000 for SC#1, allowed HK$20,000 for SC#2, and summarily assessed total costs at HK$285,000 in favor of Mr Chien on an indemnity basis.

Citation
[2025] HKCFI 6119
Parties
1st Plaintiff (original Action); 1st Defendant (counterclaim); Defendant in HCA 2495/2014: AIM Global Holdings Limited; 2nd Plaintiff (original Action); 2nd Defendant (counterclaim): LILY LIU DURR; 3rd Plaintiff (original Action); 3rd Defendant (counterclaim): SHANGHAI WEICON OPTICAL CO. LTD.; 1st Defendant (original Action); 1st Plaintiff (counterclaim); Plaintiff in HCA 2495/2014: CHIEN KUN ALLEN; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim): RISING DRAGON GLOBAL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 2025
Case Number
HCA2217/2014
Procedural Posture
Consolidated Civil Actions (interim Payment and Costs Assessment) / Decision on Costs Summary Assessment on Indemnity Basis
Outcome
Costs awarded to Mr Chien (1st Defendant by original action) assessed on an indemnity basis
Legal Topics
Indemnity Basis, Summarily Assessed Costs, Broad‑brush Assessment, Reasonableness and Duplication
Source Language
EN
Civil Procedure Costs Interim Payment Assessment of Costs Indemnity Basis Summarily Assessed Costs Broad‑brush Assessment Reasonableness and Duplication

Case Brief

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Parties

AIM Global Holdings Limited

1st Plaintiff (original Action); 1st Defendant (counterclaim); Defendant in HCA 2495/2014

LILY LIU DURR

2nd Plaintiff (original Action); 2nd Defendant (counterclaim)

SHANGHAI WEICON OPTICAL CO. LTD.

3rd Plaintiff (original Action); 3rd Defendant (counterclaim)

CHIEN KUN ALLEN

1st Defendant (original Action); 1st Plaintiff (counterclaim); Plaintiff in HCA 2495/2014

RISING DRAGON GLOBAL LIMITED

2nd Defendant (original Action); 2nd Plaintiff (counterclaim)

Procedural Posture

Consolidated Civil Actions (interim Payment and Costs Assessment) / Decision on Costs Summary Assessment on Indemnity Basis

Legal Issues

  1. 1 Whether the basis of assessment should be varied to an indemnity basis
  2. 2 Whether the amounts claimed in SC#1 and SC#2 are excessive or unreasonable even on an indemnity basis
  3. 3 Appropriate reductions for communications, professional work and counsel drafting fees and duplication of work

Ratio Decidendi

Although the basis of assessment was varied to an indemnity basis, the court held that claimed amounts must be reasonable. The court exercised its discretion to summarily assess and reduce the claimed items: allowed HK$70,000 for Part C, HK$60,000 for Part D, HK$100,000 for E3‑E5 (counsel drafting) totaling HK$265,000 for SC#1, allowed HK$20,000 for SC#2, and summarily assessed total costs at HK$285,000 in favor of Mr Chien on an indemnity basis.

Court Disposition

Costs awarded to Mr Chien (1st Defendant by original action) assessed on an indemnity basis

Orders

  • Basis of assessment varied to indemnity basis
  • SC#1 summarily assessed and allowed at HK$265,000