INTERLEGO AG v. TYCO INDUSTRIES INC AND OTHERS

INTERLEGO AG v. TYCO INDUSTRIES INC AND OTHERS

The taxing master upheld the majority of the defendants' costs on the basis that this was an unusually heavy, multinational case justifying extensive conferences, travel and retained foreign counsel; established practice supports allowing London counsel refreshers for days out of London; absent specific supporting evidence individual items may be taxed off or reduced, but general objections unsupported by particulars are dismissed; overall discretion of the taxing master governs allowances.

Citation
INTERLEGO AG v. TYCO INDUSTRIES INC AND OTHERS
Parties
Plaintiff: INTERLEGO A. G.; 1st Defendant: TYCO INDUSTRIES INC; 2nd Defendant: TYCO (HONG KONG) LIMITED; 3rd Defendant: THE REFINED INDUSTRY COMPANY LIMITED; 4th Defendant: DENIFER TECHNOLOGY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 1989
Case Number
HCA4231/1984
Procedural Posture
Review of Taxation / Post Trial Taxation Review of Costs Following Privy Council Appeal and Prior Hong Kong Proceedings
Outcome
Review largely dismissed; most objections disallowed and original taxation largely upheld with specific reductions and certain items taxed off
Legal Topics
Allowability of Travel and Refreshers, Counsel Fees and Apportionment, Solicitor Attendance Costs, Expert Witness Attendances, Care and Conduct Element, Co Ordinating Foreign Counsel Fees, Taxing Master Discretion
Source Language
EN
Costs Civil Procedure Taxation of Costs Allowability of Travel and Refreshers Counsel Fees and Apportionment Solicitor Attendance Costs Expert Witness Attendances Care and Conduct Element +2 more

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Parties

INTERLEGO A. G.

Plaintiff

TYCO INDUSTRIES INC

1st Defendant

TYCO (HONG KONG) LIMITED

2nd Defendant

THE REFINED INDUSTRY COMPANY LIMITED

3rd Defendant

DENIFER TECHNOLOGY LIMITED

4th Defendant

Procedural Posture

Review of Taxation / Post Trial Taxation Review of Costs Following Privy Council Appeal and Prior Hong Kong Proceedings

Legal Issues

  1. 1 Whether air fare for solicitor travel is recoverable without detailed attendance evidence
  2. 2 Whether counsel conference fees can be allowed absent instructing solicitor's instructions
  3. 3 Apportionment of counsel fees for mixed-purpose conferences

Ratio Decidendi

The taxing master upheld the majority of the defendants' costs on the basis that this was an unusually heavy, multinational case justifying extensive conferences, travel and retained foreign counsel; established practice supports allowing London counsel refreshers for days out of London; absent specific supporting evidence individual items may be taxed off or reduced, but general objections unsupported by particulars are dismissed; overall discretion of the taxing master governs allowances.

Court Disposition

Review largely dismissed; most objections disallowed and original taxation largely upheld with specific reductions and certain items taxed off

Orders

  • Objection 2: counsel conference fee reduced from $2,500.00 to $1,500.00
  • Objection 3: counsel fee for mixed conference/advice reduced to $1,500.00 (half allowed)