CANARA BANK v. EXCEL TRIUMPH LTD AND ANOTHER

CANARA BANK v. EXCEL TRIUMPH LTD AND ANOTHER

The judge found the hours claimed and the proposed counsel's fee excessive, applied a broad-brush summary assessment and fixed recoverable costs at HK$300,000 for the 1st Defendant and HK$200,000 for the 2nd Defendant, and reduced the appropriate counsel's fee to HK$140,000 to be shared by the defendants; the plaintiff must bear the costs of and occasioned by the summons with a certificate for one counsel.

Citation
[2022] HKCFI 530
Parties
Plaintiff: Canara Bank; 1st Defendant: Excel Triumph Limited; 2nd Defendant: Sapna Pradeep Agarwal
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 February 2022
Case Number
HCA1736/2019
Procedural Posture
Civil Action Summary Judgment Summons / Decision on Costs (summary Assessment)
Outcome
Summons dismissed; Plaintiff to bear the costs of and occasioned by the summons with certificate for one counsel; summary assessment fixed D1 HK$300,000 and D2 HK$200,000; counsel's fee fixed at HK$140,000 to be shared; no further costs order.
Legal Topics
Summary Judgment, Costs Assessment, Costs Nisi, Certificate for One Counsel, Reasonableness of Costs
Source Language
EN
Civil Procedure Costs Commercial Law Banking Summary Judgment Costs Assessment Costs Nisi Certificate for One Counsel +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Canara Bank

Plaintiff

Excel Triumph Limited

1st Defendant

Sapna Pradeep Agarwal

2nd Defendant

Procedural Posture

Civil Action Summary Judgment Summons / Decision on Costs (summary Assessment)

Legal Issues

  1. 1 Whether the defendants' claimed costs were excessive or unreasonable
  2. 2 Proper quantum of costs to be awarded to each defendant on summary assessment
  3. 3 Appropriate fee for counsel given certificate for one counsel

Ratio Decidendi

The judge found the hours claimed and the proposed counsel's fee excessive, applied a broad-brush summary assessment and fixed recoverable costs at HK$300,000 for the 1st Defendant and HK$200,000 for the 2nd Defendant, and reduced the appropriate counsel's fee to HK$140,000 to be shared by the defendants; the plaintiff must bear the costs of and occasioned by the summons with a certificate for one counsel.

Court Disposition

Summons dismissed; Plaintiff to bear the costs of and occasioned by the summons with certificate for one counsel; summary assessment fixed D1 HK$300,000 and D2 HK$200,000; counsel's fee fixed at HK$140,000 to be shared; no further costs order.

Orders

  • Plaintiff shall bear the costs of and occasioned by the Summons, with certificate for one counsel only.
  • Summary assessment of costs: 1st Defendant awarded HK$300,000; 2nd Defendant awarded HK$200,000.