CHAN HUNG KIT v. TUNG LAI SHAN

CHAN HUNG KIT v. TUNG LAI SHAN

The court rejected the caveator's full set of objections as producing an unrealistically low net figure, accepted that parts of the costs for the Summons could be re-used, reduced the claimed counsel fees (assessed the brief for the Summons at HK$100,000 and the counsel fee for the Affidavit Summons at HK$25,000), and summarily assessed total costs at HK$280,000.

Citation
[2023] HKCFI 456
Parties
Person Warning (pw): Person Warning; Caveator: Caveator
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 2023
Case Number
HCCA4712/2020
Procedural Posture
Costs Application / Assessment of Costs in Chambers
Outcome
Costs claimed were summarily assessed with partial allowance of objections and adjustments to counsel fees
Legal Topics
Summary Assessment of Costs, Counsel Fees, Re Use of Costs for Related Proceedings
Source Language
EN
Civil Procedure Costs Summary Assessment of Costs Counsel Fees Re Use of Costs for Related Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Person Warning

Person Warning (pw)

Caveator

Caveator

Procedural Posture

Costs Application / Assessment of Costs in Chambers

Legal Issues

  1. 1 Whether the objections to the Statement of Costs should be upheld in whole or in part
  2. 2 Whether costs incurred for the Summons and Affidavit Summons could be re-used
  3. 3 What level of counsel fees is reasonable for the Summons and the Affidavit Summons

Ratio Decidendi

The court rejected the caveator's full set of objections as producing an unrealistically low net figure, accepted that parts of the costs for the Summons could be re-used, reduced the claimed counsel fees (assessed the brief for the Summons at HK$100,000 and the counsel fee for the Affidavit Summons at HK$25,000), and summarily assessed total costs at HK$280,000.

Court Disposition

Costs claimed were summarily assessed with partial allowance of objections and adjustments to counsel fees

Orders

  • Total costs summarily assessed at HK$280,000
  • Counsel brief fee for the Summons assessed at HK$100,000