T, RH v. K, CS

T, RH v. K, CS

Senior Counsel fees of HK$235,000 were allowed in full and solicitors' costs were assessed at HK$70,000, resulting in a summary assessment of costs in favour of the Respondent totalling HK$305,000 payable forthwith by the Petitioner because Senior Counsel involvement was justified by prior instruction history and the circumstances of the hearing.

Citation
[2024] HKFC 110
Parties
Petitioner (father): T, RH; Respondent (mother): K, CS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
22 May 2024
Case Number
FCMC8704/2023
Procedural Posture
Matrimonial Causes / Summary Assessment of Costs (decision)
Outcome
Respondent awarded costs following summary assessment
Legal Topics
Interim Access, Summary Assessment of Costs, Costs Order, Counsel Fees
Source Language
EN
Family Law Civil Procedure Costs Interim Access Summary Assessment of Costs Costs Order Counsel Fees

Case Brief

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Parties

T, RH

Petitioner (father)

K, CS

Respondent (mother)

Procedural Posture

Matrimonial Causes / Summary Assessment of Costs (decision)

Legal Issues

  1. 1 Whether the respondent's claimed costs are excessive
  2. 2 Whether instruction of Senior Counsel was justified
  3. 3 Proper quantum for solicitors' costs and counsel fees

Ratio Decidendi

Senior Counsel fees of HK$235,000 were allowed in full and solicitors' costs were assessed at HK$70,000, resulting in a summary assessment of costs in favour of the Respondent totalling HK$305,000 payable forthwith by the Petitioner because Senior Counsel involvement was justified by prior instruction history and the circumstances of the hearing.

Court Disposition

Respondent awarded costs following summary assessment

Orders

  • Ex-parte summons (on notice) dismissed (17 April 2024).
  • Respondent awarded costs of HK$305,000 payable by the Petitioner forthwith.