HONG KONG HUA QIAO CO LTD v. CHAM KA TAI

HONG KONG HUA QIAO CO LTD v. CHAM KA TAI

The court fixed solicitors' costs at HK$15,000 because the work was straightforward and the time claimed was excessive, and approved counsel's brief fee of HK$30,000 as reasonable; accordingly total costs were fixed at HK$45,000 in favour of the successful party.

Citation
HONG KONG HUA QIAO CO LTD v. CHAM KA TAI
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Hong Kong Hua Qiao Company Limited; Defendant (original Action); Plaintiff (counterclaim): Cham Ka Tai; 2nd Defendant (administratrix of the Estate of Lee Law Dai, Deceased): Wong Tin Tai; Deceased (estate Represented): Lee Law Dai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2014
Case Number
HCA2619/2005
Procedural Posture
Original Action and Counterclaim (civil) / Summary Assessment of Costs (post Judgment)
Outcome
Costs order made absolute in favour of Ms Cham; costs fixed at HK$45,000.
Legal Topics
Summary Assessment of Costs, Costs Order Nisi, Reasonableness of Solicitors' Time, Counsel's Brief Fee
Source Language
EN
Civil Procedure Costs and Taxation Summary Assessment of Costs Costs Order Nisi Reasonableness of Solicitors' Time Counsel's Brief Fee

Case Brief

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Parties

Hong Kong Hua Qiao Company Limited

Plaintiff (original Action); 1st Defendant (counterclaim)

Cham Ka Tai

Defendant (original Action); Plaintiff (counterclaim)

Wong Tin Tai

2nd Defendant (administratrix of the Estate of Lee Law Dai, Deceased)

Lee Law Dai

Deceased (estate Represented)

Procedural Posture

Original Action and Counterclaim (civil) / Summary Assessment of Costs (post Judgment)

Legal Issues

  1. 1 entitlement to costs for the hearing
  2. 2 appropriate basis for summary assessment of solicitors' fees
  3. 3 whether time claimed by solicitors was excessive

Ratio Decidendi

The court fixed solicitors' costs at HK$15,000 because the work was straightforward and the time claimed was excessive, and approved counsel's brief fee of HK$30,000 as reasonable; accordingly total costs were fixed at HK$45,000 in favour of the successful party.

Court Disposition

Costs order made absolute in favour of Ms Cham; costs fixed at HK$45,000.

Orders

  • Costs order nisi made absolute
  • Solicitors' costs fixed at HK$15,000