YUNG TAI YIN v. CHAN YUEN TUNG AND ANOTHER

YUNG TAI YIN v. CHAN YUEN TUNG AND ANOTHER

Applying the two-stage summary assessment approach and adopting a broad-brush methodology, the court found the claimed costs disproportionate on a party-and-party basis, scrutinised each item for necessity and reasonableness, allowed reductions and disallowances on multiple items and assessed total recoverable costs at $100,950, ordering the plaintiff to pay that sum to the 2nd defendant.

Citation
YUNG TAI YIN v. CHAN YUEN TUNG AND ANOTHER
Parties
Appellant/plaintiff: Plaintiff; Respondent/2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2015
Case Number
HCPI1225/2014
Procedural Posture
Civil Appeal / Summary Assessment of Costs (post Decision)
Outcome
Costs assessed and ordered payable by Plaintiff to 2nd Defendant
Legal Topics
Summary Assessment of Costs, Party and Party Taxation, Hourly Rates, Disbursements, Rehearing, Costs Order Nisi
Source Language
EN
Civil Procedure Costs Appeal Summary Assessment of Costs Party and Party Taxation Hourly Rates Disbursements Rehearing +1 more

Case Brief

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Parties

Plaintiff

Appellant/plaintiff

2nd Defendant

Respondent/2nd Defendant

Procedural Posture

Civil Appeal / Summary Assessment of Costs (post Decision)

Legal Issues

  1. 1 Whether the costs claimed by the 2nd defendant were necessary or proper and reasonably incurred under a party-and-party basis
  2. 2 Appropriate hourly rates and time allowances for solicitors, trainee and clerical staff
  3. 3 Whether specific disbursements (transcription, travel, postage) are recoverable on party-and-party basis

Ratio Decidendi

Applying the two-stage summary assessment approach and adopting a broad-brush methodology, the court found the claimed costs disproportionate on a party-and-party basis, scrutinised each item for necessity and reasonableness, allowed reductions and disallowances on multiple items and assessed total recoverable costs at $100,950, ordering the plaintiff to pay that sum to the 2nd defendant.

Court Disposition

Costs assessed and ordered payable by Plaintiff to 2nd Defendant

Orders

  • The plaintiff shall forthwith pay costs in the sum of $100,950 to the 2nd defendant.