WONG PAK SUM v. HONG KONG FURNITURE & DECORATION TRADE ASSOCIATION LTD

WONG PAK SUM v. HONG KONG FURNITURE & DECORATION TRADE ASSOCIATION LTD

Costs were to be assessed on a broad-brush summary basis: 1st and 3rd Costs Orders on party-and-party basis allowing only necessary and reasonable items; 2nd Costs Order on indemnity basis allowing all costs except those unreasonable; specific items (travel, routine manual filing, excessive solicitor time and duplicate work) are not recoverable or are to be discounted; applying proportionality the assessed sums are $30,000 (1st), $40,000 (2nd, indemnity) and $10,000 (3rd), payable forthwith.

Citation
WONG PAK SUM v. HONG KONG FURNITURE & DECORATION TRADE ASSOCIATION LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 February 2015
Case Number
HCMP2946/2013
Procedural Posture
Summary Assessment of Costs / Decision (paper Disposal)
Outcome
Costs assessed on summary basis and quantified; orders for payment made.
Legal Topics
Summary Assessment, Party and Party Costs, Indemnity Costs, Proportionality, Order 62 RHC, Costs Nisi
Source Language
EN
Civil Procedure Costs Law Taxation of Costs Summary Assessment Party and Party Costs Indemnity Costs Proportionality Order 62 RHC +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Summary Assessment of Costs / Decision (paper Disposal)

Legal Issues

  1. 1 Whether costs claimed were necessary and reasonable for party-and-party assessment
  2. 2 Whether appeal costs should be assessed on indemnity basis
  3. 3 Whether particular items (travel, manual filing, counsel settling affidavits, duplicate solicitor time) are recoverable

Ratio Decidendi

Costs were to be assessed on a broad-brush summary basis: 1st and 3rd Costs Orders on party-and-party basis allowing only necessary and reasonable items; 2nd Costs Order on indemnity basis allowing all costs except those unreasonable; specific items (travel, routine manual filing, excessive solicitor time and duplicate work) are not recoverable or are to be discounted; applying proportionality the assessed sums are $30,000 (1st), $40,000 (2nd, indemnity) and $10,000 (3rd), payable forthwith.

Court Disposition

Costs assessed on summary basis and quantified; orders for payment made.

Orders

  • 1st Costs Order (party-and-party) assessed at HKD 30000 payable by the plaintiff to the defendant and to be paid forthwith
  • 2nd Costs Order (indemnity) assessed at HKD 40000 payable by the plaintiff to the defendant and to be paid forthwith