LI MING AND OTHERS v. LIU YIU KEUNG also known as STEPHEN LIU AND ANOTHER

LI MING AND OTHERS v. LIU YIU KEUNG also known as STEPHEN LIU AND ANOTHER

The court accepted defendants' objections to excessive hourly rates and duplication, applied a broad brush assessment given the stakes and complexity, and summarily assessed recoverable costs at HK$1,000,000 (allocated HK$300,000 under Part 1, HK$400,000 under Part 2, HK$300,000 under Part 3) and ordered payment within 28 days.

Citation
[2021] HKCFI 1307
Parties
1st Plaintiff: Li Ming (李明); 2nd Plaintiff: Wu Rantao (吳然濤); 3rd Plaintiff: Zhao Dongwei (趙東偉); 4th Plaintiff: Zhang Xin (張信); 5th Plaintiff: Zhou Li (周立); 1st Defendant: Liu Yiu Keung (廖耀強) also known as Stephen Liu; 2nd Defendant: David Yen Ching Wai (閻正為)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2021
Case Number
HCA86/2018
Procedural Posture
Civil Striking Out and Leave Applications / Decision on Costs After Summary Assessment
Outcome
Costs summarily assessed and awarded to the plaintiffs against the defendants
Legal Topics
Summary Assessment of Costs, Costs Nisi, Striking Out, Leave to Amend, Hourly Rate Objections, Multiplicity of Fee Earners
Source Language
EN
Civil Procedure Costs Law Summary Assessment of Costs Costs Nisi Striking Out Leave to Amend Hourly Rate Objections Multiplicity of Fee Earners

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Li Ming (李明)

1st Plaintiff

Wu Rantao (吳然濤)

2nd Plaintiff

Zhao Dongwei (趙東偉)

3rd Plaintiff

Zhang Xin (張信)

4th Plaintiff

Zhou Li (周立)

5th Plaintiff

Liu Yiu Keung (廖耀強) also known as Stephen Liu

1st Defendant

David Yen Ching Wai (閻正為)

2nd Defendant

Procedural Posture

Civil Striking Out and Leave Applications / Decision on Costs After Summary Assessment

Legal Issues

  1. 1 Appropriate quantum of costs to be awarded on summary assessment
  2. 2 Whether hourly rates exceed Law Society published rates
  3. 3 Whether multiplicity and duplication of fee earners justifies reduction

Ratio Decidendi

The court accepted defendants' objections to excessive hourly rates and duplication, applied a broad brush assessment given the stakes and complexity, and summarily assessed recoverable costs at HK$1,000,000 (allocated HK$300,000 under Part 1, HK$400,000 under Part 2, HK$300,000 under Part 3) and ordered payment within 28 days.

Court Disposition

Costs summarily assessed and awarded to the plaintiffs against the defendants

Orders

  • Costs summarily assessed at HK$1,000,000 (Part 1: HK$300,000; Part 2: HK$400,000; Part 3: HK$300,000)
  • Costs to be paid within 28 days from date of decision