SIEMENS AKTIENGESELLSCHAFT AND ANOTHER v. GERMANY SIEMENS GROUP LTD AND OTHERS

SIEMENS AKTIENGESELLSCHAFT AND ANOTHER v. GERMANY SIEMENS GROUP LTD AND OTHERS

The court found overlap between the work in this action and action HCA 399/2009 and certain time entries (including items C1 and D1–D3) to be excessive, and therefore applied a broad‑brush reduction fixing assessed costs at HK$36,000 payable by the 1st defendant to the plaintiffs within 14 days.

Source-derived case information.

Citation
SIEMENS AKTIENGESELLSCHAFT AND ANOTHER v. GERMANY SIEMENS GROUP LTD AND OTHERS
Parties
1st Plaintiff: SIEMENS AKTIENGESELLSCHAFT; 2nd Plaintiff: SIEMENS LIMITED; 1st Defendant: GERMANY SIEMENS GROUP LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 2009
Case Number
HCA400/2009
Procedural Posture
Civil Action Costs Assessment Following Default Judgment / Summary Assessment of Costs
Outcome
Judgment for plaintiffs against 1st defendant in default with costs summarily assessed at HK$36,000
Legal Topics
Summary Assessment of Costs, Default Judgment, Broad‑brush Reduction, Costs Overlap
Source Language
en
Civil Procedure Costs Litigation Summary Assessment of Costs Default Judgment Broad‑brush Reduction Costs Overlap

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Parties

SIEMENS AKTIENGESELLSCHAFT

1st Plaintiff

SIEMENS LIMITED

2nd Plaintiff

GERMANY SIEMENS GROUP LIMITED

1st Defendant

Procedural Posture

Civil Action Costs Assessment Following Default Judgment / Summary Assessment of Costs

Legal Issues

  1. 1 Whether costs claimed should be reduced for overlap in work and for excessive time entries
  2. 2 What is the appropriate sum to award on summary assessment without a full taxation

Ratio Decidendi

The court found overlap between the work in this action and action HCA 399/2009 and certain time entries (including items C1 and D1–D3) to be excessive, and therefore applied a broad‑brush reduction fixing assessed costs at HK$36,000 payable by the 1st defendant to the plaintiffs within 14 days.

Court Disposition

Judgment for plaintiffs against 1st defendant in default with costs summarily assessed at HK$36,000

Orders

  • Costs assessed at HK$36,000 to be paid by the 1st defendant to the plaintiffs within 14 days