CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)

CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)

The Master applied the White Book criteria, exercised discretion to disallow or reduce items where the work or time was not justified (notably reducing drafting fees for 15 defences and disallowing junior counsel fees) and upheld as reasonable the leading counsel's brief and refresher fees and specified PTR attendance allowances; the review of the taxation was dismissed and the original taxation adjustments were affirmed.

Citation
CAPCOM CO LTD AND ANOTHER v. 路華報紙社 (a firm)
Parties
1st Plaintiff: Capcom Company Limited; 2nd Plaintiff: Capcom Asia Company Limited; Defendants: Defendants (local newspaper stall operators/owners including Ng King Kuen)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2009
Case Number
HCA2500/2006
Procedural Posture
Taxation Review (costs) / Review Before Master of the High Court
Outcome
Review dismissed; the taxing master's adjustments to counsel fees and costs were affirmed as set out in the taxation decision.
Legal Topics
Passing Off, Copyright, Taxation of Costs, Counsel Fees, Provisional Taxation
Source Language
EN
Intellectual Property Civil Procedure Costs and Taxation Passing Off Copyright Taxation of Costs Counsel Fees Provisional Taxation

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Parties

Capcom Company Limited

1st Plaintiff

Capcom Asia Company Limited

2nd Plaintiff

Defendants (local newspaper stall operators/owners including Ng King Kuen)

Defendants

Procedural Posture

Taxation Review (costs) / Review Before Master of the High Court

Legal Issues

  1. 1 Whether counsel fees claimed were excessive and unreasonable
  2. 2 Proper assessment of time, rates and necessity for drafting 15 defences
  3. 3 Allowance for attendance at pre-trial reviews (PTRs) and for brief/refresher fees for leading and junior counsel

Ratio Decidendi

The Master applied the White Book criteria, exercised discretion to disallow or reduce items where the work or time was not justified (notably reducing drafting fees for 15 defences and disallowing junior counsel fees) and upheld as reasonable the leading counsel's brief and refresher fees and specified PTR attendance allowances; the review of the taxation was dismissed and the original taxation adjustments were affirmed.

Court Disposition

Review dismissed; the taxing master's adjustments to counsel fees and costs were affirmed as set out in the taxation decision.

Orders

  • Review dismissed.
  • Original taxation adjustments affirmed: drafting of 15 defences allowed in reduced amount and taxed off almost half of time charged.