YAU KING KAU v. ANDY TSANG

YAU KING KAU v. ANDY TSANG

The court accepted the claimed hourly rate of HK$4,000 and allowed the items in the Statement as necessary and proper except items B1, B2, C1 and D2, which were disallowed because they were general action costs not specific to the aborted hearing; accordingly the defendant was ordered to pay HK$24,100 to the plaintiff.

Citation
YAU KING KAU v. ANDY TSANG
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 January 2014
Case Number
HCA1419/2009
Procedural Posture
Costs Assessment / Summary Assessment
Outcome
Defendant ordered to pay plaintiff costs assessed at HK$24,100 forthwith.
Legal Topics
Summary Assessment, Party and Party Costs, Taxation of Costs
Source Language
EN
Civil Procedure Costs Summary Assessment Party and Party Costs Taxation of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Costs Assessment / Summary Assessment

Legal Issues

  1. 1 Whether the costs claimed were necessary or proper for the aborted hearing on 19 March 2013
  2. 2 Whether the hourly rate of $4,000 per hour claimed was reasonable
  3. 3 Whether items B1, B2, C1 and D2 should be disallowed as not referable to the hearing

Ratio Decidendi

The court accepted the claimed hourly rate of HK$4,000 and allowed the items in the Statement as necessary and proper except items B1, B2, C1 and D2, which were disallowed because they were general action costs not specific to the aborted hearing; accordingly the defendant was ordered to pay HK$24,100 to the plaintiff.

Court Disposition

Defendant ordered to pay plaintiff costs assessed at HK$24,100 forthwith.

Orders

  • Defendant shall pay to the plaintiff forthwith the sum of HK$24,100, being the costs of the items set out in the Statement excepting items B1, B2, C1 and D2.