V • GRASS FASHION CO LTD v. HK VGRASS DRESS LTD

V • GRASS FASHION CO LTD v. HK VGRASS DRESS LTD

Because the action was uncontested, documentary and fell within a small compass, the court reduced the allowed time for attendance on client, preparation and perusal of documents, reduced the claimed costs by HK$12,666.67 and assessed the plaintiff's costs under paragraph 7 at HK$35,866.33.

Citation
V • GRASS FASHION CO LTD v. HK VGRASS DRESS LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2014
Case Number
HCA1419/2014
Procedural Posture
Summary Assessment of Costs / Post Default Judgment
Outcome
Default judgment entered for the plaintiff; defendant ordered to pay plaintiff's costs which are summarily assessed at HK$35,866.33.
Legal Topics
Summary Assessment, Default Judgment, Party and Party Costs, Costs Reduction
Source Language
EN
Civil Procedure Costs Intellectual Property Summary Assessment Default Judgment Party and Party Costs Costs Reduction

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Summary Assessment of Costs / Post Default Judgment

Legal Issues

  1. 1 Whether costs should be summarily assessed on paper following default judgment
  2. 2 Whether the claimed time and fees are necessary and reasonable on a party-and-party basis
  3. 3 Whether the defendant's failure to file objections affects the assessment

Ratio Decidendi

Because the action was uncontested, documentary and fell within a small compass, the court reduced the allowed time for attendance on client, preparation and perusal of documents, reduced the claimed costs by HK$12,666.67 and assessed the plaintiff's costs under paragraph 7 at HK$35,866.33.

Court Disposition

Default judgment entered for the plaintiff; defendant ordered to pay plaintiff's costs which are summarily assessed at HK$35,866.33.

Orders

  • Default judgment in favour of the plaintiff (ordered 29 October 2014)
  • Defendant to pay the costs of the action including the costs of the application for judgment