CHINA MERCHANTS KIN SWISS TRANSPORTATION CO LTD AND ANOTHER v. TREASURE WISE LTD AND OTHERS

CHINA MERCHANTS KIN SWISS TRANSPORTATION CO LTD AND ANOTHER v. TREASURE WISE LTD AND OTHERS

The plaintiffs' application was dismissed; the court exercised its discretion to assess the defendant's costs on a party-and-party basis, certified the hearing fit for two counsel, made a summary assessment of the items in D1's statement of costs under RHC Ord.62 r.9A(1)(a), and ordered those assessed costs to be set off against the amount payable by D1 under the costs order dated 20 November 2008, with specific sums allowed for categories B–F.

Citation
CHINA MERCHANTS KIN SWISS TRANSPORTATION CO LTD AND ANOTHER v. TREASURE WISE LTD AND OTHERS
Parties
1st Plaintiff: China Merchants Kin Swiss Transportation Company Limited; 2nd Plaintiff: Orienture Industries Limited; 1st Defendant: Treasure Wise Limited; 2nd Defendant: Luen Fat Tannery Limited; 3rd Defendant: Luen Tai Leather Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 November 2009
Case Number
HCA344/2007
Procedural Posture
Civil Costs Assessment / Decision on Costs and Summary Assessment
Outcome
Plaintiffs' application dismissed with costs to the 1st defendant; costs assessed and partially set-off against prior costs order.
Legal Topics
Summary Assessment, Party and Party Costs, Certificate for Two Counsel, Set Off of Costs
Source Language
EN
Civil Procedure Costs Commercial Law Summary Assessment Party and Party Costs Certificate for Two Counsel Set Off of Costs

Case Brief

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Parties

China Merchants Kin Swiss Transportation Company Limited

1st Plaintiff

Orienture Industries Limited

2nd Plaintiff

Treasure Wise Limited

1st Defendant

Luen Fat Tannery Limited

2nd Defendant

Luen Tai Leather Company Limited

3rd Defendant

Procedural Posture

Civil Costs Assessment / Decision on Costs and Summary Assessment

Legal Issues

  1. 1 Basis of taxation of costs (party-and-party v. solicitor-client)
  2. 2 Whether the hearing justified certificate for two counsel
  3. 3 Summary assessment under RHC Ord. 62 r.9A(1)(a) of D1's statement of costs

Ratio Decidendi

The plaintiffs' application was dismissed; the court exercised its discretion to assess the defendant's costs on a party-and-party basis, certified the hearing fit for two counsel, made a summary assessment of the items in D1's statement of costs under RHC Ord.62 r.9A(1)(a), and ordered those assessed costs to be set off against the amount payable by D1 under the costs order dated 20 November 2008, with specific sums allowed for categories B–F.

Court Disposition

Plaintiffs' application dismissed with costs to the 1st defendant; costs assessed and partially set-off against prior costs order.

Orders

  • Those costs are to be assessed on a party-and-party basis
  • The hearing is certified fit for court attendance by two counsel