ERIC CHAN & CO v. WONG KWOK WANG, WARREN

ERIC CHAN & CO v. WONG KWOK WANG, WARREN

Applying the party-and-party standard, the court allowed the claimed hourly rate of HK$4,000 for the qualified fee earner, upheld photocopy and attendant charges under the Rules, allowed short attendances and routine correspondence, but reduced the claimed time for preparation and research from 30h50m to 10h and reduced perusal time from 5h10m to 4h as excessive; the result was an assessed costs award of HK$65,683 payable by the defendant to the plaintiff.

Citation
ERIC CHAN & CO v. WONG KWOK WANG, WARREN
Parties
Plaintiff: ERIC CHAN & CO.; Defendant (applicant): WONG KWOK WANG, WARREN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 May 2012
Case Number
HCMP174/2012
Procedural Posture
Application for Leave to Appeal (intended Appeal From DCCJ No.1155 of 2008) / Costs Assessment Following Dismissal of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed previously; costs of the application assessed against the defendant and payable to the plaintiff.
Legal Topics
Summary Assessment of Costs, Hourly Rates for Fee Earners, Photocopy Charges, Party and Party Costs, Reasonableness of Time Claimed
Source Language
EN
Civil Procedure Costs Appeal Taxation of Costs Summary Assessment of Costs Hourly Rates for Fee Earners Photocopy Charges Party and Party Costs +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

ERIC CHAN & CO.

Plaintiff

WONG KWOK WANG, WARREN

Defendant (applicant)

Procedural Posture

Application for Leave to Appeal (intended Appeal From DCCJ No.1155 of 2008) / Costs Assessment Following Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 Whether the claimed hourly rate of HK$4,000 for the sole qualified fee earner was excessive
  2. 2 Whether photocopy charges and preparation of a documents bundle were necessary and properly charged
  3. 3 Whether attendances by litigation clerk and correspondence times were reasonably incurred

Ratio Decidendi

Applying the party-and-party standard, the court allowed the claimed hourly rate of HK$4,000 for the qualified fee earner, upheld photocopy and attendant charges under the Rules, allowed short attendances and routine correspondence, but reduced the claimed time for preparation and research from 30h50m to 10h and reduced perusal time from 5h10m to 4h as excessive; the result was an assessed costs award of HK$65,683 payable by the defendant to the plaintiff.

Court Disposition

Application for leave to appeal dismissed previously; costs of the application assessed against the defendant and payable to the plaintiff.

Orders

  • Costs assessed at HK$65,683 payable by the defendant to the plaintiff