CELEBRITY CREDIT LTD 對 KOO SAU CHUN
Because the defendant did not timely oppose the costs schedule and certain claimed items were excessive, the court reduced the charges in items C1, D1 and D2 and assessed the defendant's liability for costs at HK$61,500, payable to the plaintiff on a summary basis.
Source-derived case information.
- Citation
- [2024] HKCA 915
- Parties
- Plaintiff: CELEBRITY CREDIT LIMITED; Defendant: KOO SAU CHUN
- Court
- Court of Appeal
- Jurisdiction
- Hong Kong
- Judgment Date
- 4 October 2024
- Case Number
- CACV31/2023
- Procedural Posture
- Civil Appeal / Costs Assessment (summary Assessment Under Order 88)
- Outcome
- Defendant ordered to pay the plaintiff's costs assessed at HK$61,500 on a summary basis; costs schedule items C1, D1 and D2 were reduced.
- Legal Topics
- Legal Charge, Loan Agreement, Costs Assessment, Order 88
- Source Language
- ch
Source-derived case record
Summary, issues, holding and outcome
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Parties
CELEBRITY CREDIT LIMITED
Plaintiff
KOO SAU CHUN
Defendant
Procedural Posture
Civil Appeal / Costs Assessment (summary Assessment Under Order 88)
Legal Issues
- 1 Whether the plaintiff's claimed costs are reasonable and payable by the defendant
- 2 Whether items C1, D1 and D2 on the costs schedule should be reduced
- 3 Whether summary assessment under Order 88 is appropriate given no timely opposition by the defendant
Ratio Decidendi
Because the defendant did not timely oppose the costs schedule and certain claimed items were excessive, the court reduced the charges in items C1, D1 and D2 and assessed the defendant's liability for costs at HK$61,500, payable to the plaintiff on a summary basis.
Court Disposition
Defendant ordered to pay the plaintiff's costs assessed at HK$61,500 on a summary basis; costs schedule items C1, D1 and D2 were reduced.
Orders
- Defendant to pay plaintiff costs of HK$61,500 as assessed on a summary basis.
- Charges in items C1, D1 and D2 on the plaintiff's costs schedule are reduced.
Full Case Text
Judgment text and source record
1 paragraphs
CACV 31/2023, [2024] HKCA 915 原案件:[2023] HKCFI 31 香港特別行政區 高等法院上訴法庭 民事司法管轄權 民事上訴 民事上訴案件2023年第31號 (原高等法院雜項案件2020年第312號) IN THE MATTER of All That Apartment A3 of 8th Floor of Hing Wah Mansions, No.2 Oaklands Path, Hong Kong (All That one equal undivided 53rd part or share of and in ALL THAT piece or parcel of ground registered in the Land Registry as THE REMAINING PORTION OF INLAND LOT NO.2182 (“the Property”) and IN THE MATTER of a Legal Charge dated 8th April 2019 registered in the Land Registry by Memorial No.19061000070045 (“the Legal Charge”) and IN THE MATTER of a Loan Agreement No. CLBML028 dated 8th April 2019 (“the Loan Agreement”) and IN THE MATTER of Order 88 of the Rules of High Court, Cap 4A of laws of Hong Kong 原告人 CELEBRITY CREDIT LIMITED 及 被告人 KOO SAU CHUN 主審法官: 高等法院上訴法庭副庭長關淑馨 高等法院上訴法庭法官區慶祥 訟費判案書日期: 2024年10月4日 訟 費 判 案 書 上訴法庭副庭長關淑馨頒發上訴法庭訟費判案書: 本庭2024年8月27日頒發判案書,撤銷被告人2023年8月31日的傳票,命令她支付原告人有關這申請及其所引致的訟費,以簡易程序評定。 原告人在9月3日向法庭提交訟費清單,並以郵寄方式送達被告人。被告人在指定的時間內未有提出書面反對訟費理由。 本庭現以簡易程序評定原告人的合理訟費。本庭削減訟費清單第C1、D1及D2項的收費,裁定被告人應支付的訟費為$61,500。 (關淑馨) 高等法院上訴法庭副庭長 (區慶祥) 高等法院上訴法庭法官 原告人:由林文傑律師事務所代表 被告人:無律師代表,親自行事