MESSRS BAKER & MCKENZIE v. HENNEX INDUSTRIES LTD AND OTHERS

MESSRS BAKER & MCKENZIE v. HENNEX INDUSTRIES LTD AND OTHERS

The court accepted the applicant's choice of fee earners and an hourly rate of HK$2,600, reduced the claimed hours for communication from 4.8 to 3.3 and professional work from 15 to 9.2 (8.2 for perusal/preparation/research and 1.0 for hearing), allowed manual work of HK$1,384, disallowed the unutilised HK$500 disbursement, and summarily assessed the applicant's costs at HK$33,884 to be paid out of the disputed sum forthwith and to be in the cause of the interpleader proceedings.

Citation
MESSRS BAKER & MCKENZIE v. HENNEX INDUSTRIES LTD AND OTHERS
Parties
Applicant: Messrs Baker & McKenzie; 1st Claimant: Hennex Industries Limited; 2nd Claimant: Make Sales Enterprise Limited; 3rd Claimant: Sheen Wealth Industrial Limited; 4th Claimant: Kingdom Power Development Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 June 2014
Case Number
DCMP809/2014
Procedural Posture
Interpleader (miscellaneous Proceedings) / Summary Assessment on Costs (decision)
Outcome
Applicant's costs summarily assessed and allowed to be paid out of the disputed sum; directions made for payment into court and costs to be in the cause.
Legal Topics
Interpleader, Stakeholder Money, Assessment of Costs, Hourly Rates, Disbursements
Source Language
EN
Civil Procedure Property Costs Contract Interpleader Stakeholder Money Assessment of Costs Hourly Rates +1 more

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Parties

Messrs Baker & McKenzie

Applicant

Hennex Industries Limited

1st Claimant

Make Sales Enterprise Limited

2nd Claimant

Sheen Wealth Industrial Limited

3rd Claimant

Kingdom Power Development Limited

4th Claimant

Procedural Posture

Interpleader (miscellaneous Proceedings) / Summary Assessment on Costs (decision)

Legal Issues

  1. 1 Entitlement to stakeholder funds and their disposition
  2. 2 Appropriate party to receive disputed stakeholder money
  3. 3 Proper hourly rates for fee earners and allowable hours

Ratio Decidendi

The court accepted the applicant's choice of fee earners and an hourly rate of HK$2,600, reduced the claimed hours for communication from 4.8 to 3.3 and professional work from 15 to 9.2 (8.2 for perusal/preparation/research and 1.0 for hearing), allowed manual work of HK$1,384, disallowed the unutilised HK$500 disbursement, and summarily assessed the applicant's costs at HK$33,884 to be paid out of the disputed sum forthwith and to be in the cause of the interpleader proceedings.

Court Disposition

Applicant's costs summarily assessed and allowed to be paid out of the disputed sum; directions made for payment into court and costs to be in the cause.

Orders

  • Applicant's costs are summarily assessed at HK$33,884
  • Assessed costs of the Applicant shall be paid out from the disputed sum forthwith