FOK HING INTERNATIONAL CO LTD v. LIU HSIAO CHENG

FOK HING INTERNATIONAL CO LTD v. LIU HSIAO CHENG

The court found duplication of work and unreasonable time entries in the claimed bill and, adopting a broad brush approach, reduced the claimed costs from HK$140,590 to HK$110,000 and ordered those costs to be borne by Liu.

Citation
[2018] HKCFI 2367
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Fok Hing International Company Limited; Defendant (original Action); Plaintiff (counterclaim): Liu Hsiao Cheng; 2nd Defendant (counterclaim): Wong Shu Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2018
Case Number
HCA97/2013
Procedural Posture
Civil Appeal From Registrar's Refusal of Specific Discovery / Decision on Costs (summary Assessment)
Outcome
Costs of the appeal and the Summons summarily assessed in favour of Fok Hing; Liu ordered to bear the assessed costs.
Legal Topics
Specific Discovery, Summary Assessment of Costs, Costs Nisi, Taxation of Costs
Source Language
EN
Civil Procedure Costs Discovery Appeal Specific Discovery Summary Assessment of Costs Costs Nisi Taxation of Costs

Case Brief

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Parties

Fok Hing International Company Limited

Plaintiff (original Action); 1st Defendant (counterclaim)

Liu Hsiao Cheng

Defendant (original Action); Plaintiff (counterclaim)

Wong Shu Wai

2nd Defendant (counterclaim)

Procedural Posture

Civil Appeal From Registrar's Refusal of Specific Discovery / Decision on Costs (summary Assessment)

Legal Issues

  1. 1 Whether the respondent (Liu) should bear the costs of the appeal and the summons
  2. 2 Whether amounts claimed were excessive or duplicated and should be reduced on summary assessment
  3. 3 Appropriate quantum of costs after accounting for duplication and unreasonable time entries

Ratio Decidendi

The court found duplication of work and unreasonable time entries in the claimed bill and, adopting a broad brush approach, reduced the claimed costs from HK$140,590 to HK$110,000 and ordered those costs to be borne by Liu.

Court Disposition

Costs of the appeal and the Summons summarily assessed in favour of Fok Hing; Liu ordered to bear the assessed costs.

Orders

  • Summarily assess the costs of the appeal and the Summons at HK$110,000.
  • Liu Hsiao Cheng to bear the assessed costs.