LIU HUI HONG, the person appointed to represent the estate of LI SHIYOU, deceased AND ANOTHER v. FONG WAI MENG AND OTHERS

LIU HUI HONG, the person appointed to represent the estate of LI SHIYOU, deceased AND ANOTHER v. FONG WAI MENG AND OTHERS

Costs were to be assessed on an indemnity basis but limited to costs of and occasioned by the Appeal and the Discontinuation Summons excluding costs of the later dispute on costs; many claimed solicitor hours and items were disproportionate and unreasonable even on an indemnity basis, and after item‑by‑item broad‑brush assessment the defendants' recoverable costs were summarily assessed at $288,686.00.

Citation
[2021] HKCFI 3665
Parties
Plaintiff: Plaintiffs; Defendant: 1st Defendant; 2nd Defendant: ODOWN LIMITED; 3rd Defendant: WANG CHEONG CORPORATION LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2021
Case Number
HCPI390/2015
Procedural Posture
Appeal Concerning Costs; Summary Assessment of Costs / Summary Assessment (paper Disposal)
Outcome
Defendants' costs under the Cost Order summarily assessed and reduced; plaintiffs ordered to pay defendants' assessed costs on indemnity basis; wasted costs application dismissed; parties to bear own costs on the argument over costs.
Legal Topics
Summary Assessment, Indemnity Costs, Wasted Costs, Taxation of Costs
Source Language
EN
Civil Procedure Costs Summary Assessment Indemnity Costs Wasted Costs Taxation of Costs

Case Brief

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Parties

Plaintiffs

Plaintiff

1st Defendant

Defendant

ODOWN LIMITED

2nd Defendant

WANG CHEONG CORPORATION LTD

3rd Defendant

Procedural Posture

Appeal Concerning Costs; Summary Assessment of Costs / Summary Assessment (paper Disposal)

Legal Issues

  1. 1 Whether costs awarded should be on indemnity basis (Indemnity Costs Issue)
  2. 2 Whether costs should be summarily assessed or taxed (Summary Assessment Issue)
  3. 3 Whether a wasted costs order should be made against plaintiffs' solicitors (Wasted Costs Issue)

Ratio Decidendi

Costs were to be assessed on an indemnity basis but limited to costs of and occasioned by the Appeal and the Discontinuation Summons excluding costs of the later dispute on costs; many claimed solicitor hours and items were disproportionate and unreasonable even on an indemnity basis, and after item‑by‑item broad‑brush assessment the defendants' recoverable costs were summarily assessed at $288,686.00.

Court Disposition

Defendants' costs under the Cost Order summarily assessed and reduced; plaintiffs ordered to pay defendants' assessed costs on indemnity basis; wasted costs application dismissed; parties to bear own costs on the argument over costs.

Orders

  • Plaintiffs to pay defendants' costs of and occasioned by the Appeal and the Discontinuation Summons on indemnity basis as summarily assessed and payable forthwith (assessed at HKD 288686.00)
  • Application for a wasted costs order against plaintiffs' solicitors dismissed