GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.

GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.

Although the case met the Bradford Dyers factors for complexity, the court found two counsel were adequate for a proper and effective presentation; hiring a third counsel to compensate for insufficient instructing solicitors is not a recoverable expense, therefore a certificate for three counsel was refused and limited to two counsel.

Citation
GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.
Parties
Plaintiff/defendant: GALCO INTERNATIONAL TOYS N.V.; Plaintiff/defendant: KADER INDUSTRIAL CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 1996
Case Number
HCA250/1991
Procedural Posture
Civil Commercial (high Court) / Post Judgment Applications (interest and Counsel Certificate)
Outcome
Certificate for three counsel refused; certificate limited to two counsel per party; agreed interest awarded; costs of the application ordered against Kader (order nisi).
Legal Topics
Third Counsel Certificate, Taxation of Costs, Interest on Judgment Debt
Source Language
EN
Civil Procedure Costs Interest Advocates' Certificates Third Counsel Certificate Taxation of Costs Interest on Judgment Debt

Case Brief

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Parties

GALCO INTERNATIONAL TOYS N.V.

Plaintiff/defendant

KADER INDUSTRIAL CO. LTD.

Plaintiff/defendant

Procedural Posture

Civil Commercial (high Court) / Post Judgment Applications (interest and Counsel Certificate)

Legal Issues

  1. 1 Whether a certificate should be granted for three counsel
  2. 2 Whether agreed interest should be applied from 29 November 1990 to date of judgment and judgment rate thereafter
  3. 3 Who should bear the costs of the certificate application

Ratio Decidendi

Although the case met the Bradford Dyers factors for complexity, the court found two counsel were adequate for a proper and effective presentation; hiring a third counsel to compensate for insufficient instructing solicitors is not a recoverable expense, therefore a certificate for three counsel was refused and limited to two counsel.

Court Disposition

Certificate for three counsel refused; certificate limited to two counsel per party; agreed interest awarded; costs of the application ordered against Kader (order nisi).

Orders

  • Interest on sums found due to Kader to run from 29 November 1990 to date of judgment at 1% above prime
  • From date of judgment the money to bear interest at the judgment rate