MELVIN WAXMAN v. LI FEI YU AND OTHERS

MELVIN WAXMAN v. LI FEI YU AND OTHERS

Applying the two-stage summary assessment approach, the court found the overall claimed costs disproportionate and assessed each item on necessity and reasonable quantum. The court fixed party-and-party hourly rates for LCS at HK$3,100 and zht at HK$1,100, reduced or disallowed duplicative time entries, allowed a...

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Citation
MELVIN WAXMAN v. LI FEI YU AND OTHERS
Parties
Plaintiff: Melvin Waxman; 1st Defendant: Li Fei Yu; 2nd Defendant: Solut (Hong Kong) Company Limited; 3rd Defendant: Roi Logistics International Limited; 4th Defendant: Seiryu (Hong Kong) Investment Company Limited; 5th Defendant: Axent Corporation Limited; 6th Defendant: Swell International Trading Co Limited; 7th Defendant: Top China Corporation Limited; 8th Defendant: B & R International (Hong Kong) Limited; 9th Defendant: WDI International (HK) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2015
Case Number
HCA1973/2012
Procedural Posture
High Court Action Costs Assessment / Decision on Summary Assessment of Costs
Outcome
Plaintiff ordered to pay reduced assessed costs to the 2nd and 4th to 7th defendants
Legal Topics
Summary Assessment, Party and Party Costs, Slip Rule, Hourly Rates, Counsel Fees, Proportionality
Source Language
en
Civil Procedure Costs Civil Litigation Summary Assessment Party and Party Costs Slip Rule Hourly Rates Counsel Fees +1 more

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Parties

Melvin Waxman

Plaintiff

Li Fei Yu

1st Defendant

Solut (Hong Kong) Company Limited

2nd Defendant

Roi Logistics International Limited

3rd Defendant

Seiryu (Hong Kong) Investment Company Limited

4th Defendant

Axent Corporation Limited

5th Defendant

Swell International Trading Co Limited

6th Defendant

Top China Corporation Limited

7th Defendant

B & R International (Hong Kong) Limited

8th Defendant

WDI International (HK) Limited

9th Defendant

Procedural Posture

High Court Action Costs Assessment / Decision on Summary Assessment of Costs

Legal Issues

  1. 1 Whether the claimed party-and-party costs were necessary and reasonable
  2. 2 Appropriate party-and-party hourly rates for solicitors and trainee
  3. 3 Whether counsel's fees should be allowed and at what level absent a certificate

Ratio Decidendi

Applying the two-stage summary assessment approach, the court found the overall claimed costs disproportionate and assessed each item on necessity and reasonable quantum. The court fixed party-and-party hourly rates for LCS at HK$3,100 and zht at HK$1,100, reduced or disallowed duplicative time entries, allowed a apportioned counsel fee of HK$4,500 for the Amendment Summons, adjusted specific items B1, C1, D1, D2, D3 and E1, and ordered the plaintiff to pay HK$9,711 to the Subject defendants.

Court Disposition

Plaintiff ordered to pay reduced assessed costs to the 2nd and 4th to 7th defendants

Orders

  • Plaintiff shall forthwith pay costs in the sum of HK$9,711 to the 2nd and 4th to 7th defendants.