RE A CIVIL MATTER NOW PENDING IN UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE UNDER NO 2:13-CV-1034 MJP

RE A CIVIL MATTER NOW PENDING IN UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE UNDER NO 2:13-CV-1034 MJP

Recorder held that certificate for two counsel was appropriate, that summary assessment was available and appropriate, and on a broad-brush assessment reduced the claimed costs from HK$2,659,021 to HK$1,446,600; varied the 16 July 2019 costs order accordingly and made consequential procedural directions for summary assessment on paper unless an oral hearing is requested.

Citation
[2019] HKCFI 2759
Parties
Applicants: The Individuals; Respondents: The Kyko Companies
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 November 2019
Case Number
HCMP1082/2017
Procedural Posture
Costs Application Under Order 70 and Evidence Ordinance (cap 8) / Ruling on Costs and Summary Assessment Following Order Nisi of 16 July 2019
Outcome
Costs order nisi of 16 July 2019 varied; summary assessment conducted and costs allowed at HK$1,446,600; order nisi made for costs of the variation application to follow the event and be assessed summarily if not agreed
Legal Topics
Summary Assessment of Costs, Certificate for Two Counsel, Proportionality of Costs, Disbursements for Expert Evidence, Variation of Costs Order
Source Language
EN
Civil Procedure Costs Evidence International Litigation Summary Assessment of Costs Certificate for Two Counsel Proportionality of Costs Disbursements for Expert Evidence +1 more

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Parties

The Individuals

Applicants

The Kyko Companies

Respondents

Procedural Posture

Costs Application Under Order 70 and Evidence Ordinance (cap 8) / Ruling on Costs and Summary Assessment Following Order Nisi of 16 July 2019

Legal Issues

  1. 1 Whether a certificate for two counsel should be granted
  2. 2 Whether the court should conduct a summary assessment of costs
  3. 3 Whether the claimed costs were disproportionate and how to quantify them

Ratio Decidendi

Recorder held that certificate for two counsel was appropriate, that summary assessment was available and appropriate, and on a broad-brush assessment reduced the claimed costs from HK$2,659,021 to HK$1,446,600; varied the 16 July 2019 costs order accordingly and made consequential procedural directions for summary assessment on paper unless an oral hearing is requested.

Court Disposition

Costs order nisi of 16 July 2019 varied; summary assessment conducted and costs allowed at HK$1,446,600; order nisi made for costs of the variation application to follow the event and be assessed summarily if not agreed

Orders

  • Certificate for two counsel granted to the Individuals
  • The costs claimed by the Individuals are assessed at HK$1,446,600