TAM MEI KAM AND OTHERS v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

TAM MEI KAM AND OTHERS v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

On indemnity assessment the court accepted that rates were not disproportionate but disallowed and reduced specific excessive time entries for attending client, preparing documents and attending hearings; accordingly the defendants' statements were allowed except for those quantified reductions and the plaintiffs were ordered to pay the resulting assessed sums forthwith.

Citation
TAM MEI KAM AND OTHERS v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
Parties
1st Plaintiff: TAM MEI KAM; 2nd Plaintiff: MUI PAK NING RUSMUND; 3rd Plaintiff: MUI PAK WAI; 1st Defendant: HSBC INTERNATIONAL TRUSTEE LIMITED; 2nd Defendant: NEW HORIZON BUDDHIST ASSOCIATION LIMITED; 3rd Defendant: LAU KAI, EDDIE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2015
Case Number
HCA1856/2014
Procedural Posture
Civil: Costs Assessment Following Strike Out / Decision on Summary Assessment of Costs (post Judgment)
Outcome
Costs order nisi made absolute; costs assessed on indemnity basis with specified reductions; pay orders made against the plaintiffs
Legal Topics
Summary Assessment of Costs, Indemnity Costs, Costs Order Nisi, Reasonableness of Fees and Time
Source Language
EN
Civil Procedure Costs Trusts Summary Assessment of Costs Indemnity Costs Costs Order Nisi Reasonableness of Fees and Time

Case Brief

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Parties

TAM MEI KAM

1st Plaintiff

MUI PAK NING RUSMUND

2nd Plaintiff

MUI PAK WAI

3rd Plaintiff

HSBC INTERNATIONAL TRUSTEE LIMITED

1st Defendant

NEW HORIZON BUDDHIST ASSOCIATION LIMITED

2nd Defendant

LAU KAI, EDDIE

3rd Defendant

Procedural Posture

Civil: Costs Assessment Following Strike Out / Decision on Summary Assessment of Costs (post Judgment)

Legal Issues

  1. 1 Whether receiving parties are entitled to recover costs on an indemnity basis in full
  2. 2 Whether specific time entries and attendances were unreasonably incurred or excessive
  3. 3 Appropriate approach to summary assessment as distinct from detailed taxation

Ratio Decidendi

On indemnity assessment the court accepted that rates were not disproportionate but disallowed and reduced specific excessive time entries for attending client, preparing documents and attending hearings; accordingly the defendants' statements were allowed except for those quantified reductions and the plaintiffs were ordered to pay the resulting assessed sums forthwith.

Court Disposition

Costs order nisi made absolute; costs assessed on indemnity basis with specified reductions; pay orders made against the plaintiffs

Orders

  • The 1st, 2nd and 3rd plaintiffs shall forthwith pay costs in the sum of HKD 231894.50 to HSBC International Trustee Limited
  • The 1st, 2nd and 3rd plaintiffs shall forthwith pay costs in the sum of HKD 164791 to New Horizon Buddhist Association Limited