CHEN MEI HUAN v. SILVER FAITH HOLDINGS LTD AND OTHERS

CHEN MEI HUAN v. SILVER FAITH HOLDINGS LTD AND OTHERS

The court refused to vary the Costs Order Nisi, granted certificate for two counsel as it was necessary and proper in all the circumstances, made the Costs Order Nisi absolute, and on summary assessment awarded Ng/Daughter party-and-party costs of HK$270,000. The court found many items in the bill excessive on a party-and-party basis and applied a broad-brush two-stage assessment under Practice Direction 14.3.

Citation
[2018] HKCFI 41
Parties
Petitioner: Chen; 2nd Respondent: Ng; 3rd Respondent: Daughter; Subject Company: Silver Faith Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2018
Case Number
HCCW111/2014
Procedural Posture
Companies (winding Up) Proceedings No.111 of 2014 / Decision on Variation of Costs Order Nisi and Summary Assessment of Costs (paper Disposal)
Outcome
Costs Order Nisi made absolute; variation summons dismissed; certificate for two counsel allowed; summary assessment resulted in costs awarded to 2nd and 3rd respondents.
Legal Topics
Security for Costs, Certificate for Two Counsel, Summary Assessment of Costs, Variation of Costs Order Nisi, Costs Follow Event
Source Language
EN
Company Law Civil Procedure Costs and Taxation Security for Costs Certificate for Two Counsel Summary Assessment of Costs Variation of Costs Order Nisi Costs Follow Event

Case Brief

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Parties

Chen

Petitioner

Ng

2nd Respondent

Daughter

3rd Respondent

Silver Faith Holdings Limited

Subject Company

Procedural Posture

Companies (winding Up) Proceedings No.111 of 2014 / Decision on Variation of Costs Order Nisi and Summary Assessment of Costs (paper Disposal)

Legal Issues

  1. 1 Whether the Costs Order Nisi should be varied to limit certificate to one counsel and reduce costs to 80%
  2. 2 Whether certificate for two counsel (senior and junior) was necessary or proper
  3. 3 Whether costs should follow the event despite partial reductions in quantum

Ratio Decidendi

The court refused to vary the Costs Order Nisi, granted certificate for two counsel as it was necessary and proper in all the circumstances, made the Costs Order Nisi absolute, and on summary assessment awarded Ng/Daughter party-and-party costs of HK$270,000. The court found many items in the bill excessive on a party-and-party basis and applied a broad-brush two-stage assessment under Practice Direction 14.3.

Court Disposition

Costs Order Nisi made absolute; variation summons dismissed; certificate for two counsel allowed; summary assessment resulted in costs awarded to 2nd and 3rd respondents.

Orders

  • Costs Order Nisi made absolute
  • Chen shall pay Ng and Daughter costs in the sum of HK$270,000 (party-and-party)