PATRICK JOHN WEE EWE SENG AND ANOTHER v. KONTAFARMA CHINA HOLDINGS LTD (formerly known as TONGFANG KONTAFARMA HOLDINGS LTD) AND ANOTHER

PATRICK JOHN WEE EWE SENG AND ANOTHER v. KONTAFARMA CHINA HOLDINGS LTD (formerly known as TONGFANG KONTAFARMA HOLDINGS LTD) AND ANOTHER

The appeal was allowed because, applying the global approach, the Master's award of HK$500,000 was glaringly disproportionate on the material before the Court and was reduced to HK$150,000 inclusive of counsel's fees; paragraph 2 of the Master's order dated 18 September 2023 was set aside and the defendants' costs were reassessed accordingly.

Citation
[2024] HKCFI 350
Parties
1st Plaintiff: PATRICK JOHN WEE EWE SENG; 2nd Plaintiff: ACTIVE GAINS UNIVERSAL LIMITED; 1st Defendant: KONTAFARMA CHINA HOLDINGS LIMITED; 2nd Defendant: FESTER GLOBAL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 January 2024
Case Number
HCA1469/2019
Procedural Posture
High Court Action Costs Appeal / Appeal From Master's Decision on Summary Assessment of Costs
Outcome
Appeal allowed; paragraph 2 of the Master's order dated 18 September 2023 set aside; defendants' costs reassessed at HK$150,000 inclusive of counsel's fees; plaintiffs' costs of the appeal to follow the event
Legal Topics
Summary Assessment of Costs, Specific Discovery, Litigant in Person Representation, Extension of Time for Appeal, Party and Party Costs
Source Language
EN
Civil Procedure Costs Discovery Legal Professional Privilege Civil Appeals Summary Assessment of Costs Specific Discovery Litigant in Person Representation +2 more

Case Brief

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Parties

PATRICK JOHN WEE EWE SENG

1st Plaintiff

ACTIVE GAINS UNIVERSAL LIMITED

2nd Plaintiff

KONTAFARMA CHINA HOLDINGS LIMITED

1st Defendant

FESTER GLOBAL LIMITED

2nd Defendant

Procedural Posture

High Court Action Costs Appeal / Appeal From Master's Decision on Summary Assessment of Costs

Legal Issues

  1. 1 Whether the Master's summary assessment of costs was disproportionate
  2. 2 Whether individual solicitors' items and hours were reasonably incurred
  3. 3 Whether delay in filing the notice of appeal should be excused

Ratio Decidendi

The appeal was allowed because, applying the global approach, the Master's award of HK$500,000 was glaringly disproportionate on the material before the Court and was reduced to HK$150,000 inclusive of counsel's fees; paragraph 2 of the Master's order dated 18 September 2023 was set aside and the defendants' costs were reassessed accordingly.

Court Disposition

Appeal allowed; paragraph 2 of the Master's order dated 18 September 2023 set aside; defendants' costs reassessed at HK$150,000 inclusive of counsel's fees; plaintiffs' costs of the appeal to follow the event

Orders

  • Paragraph 2 of the Master’s order dated 18 September 2023 is set aside
  • Defendants' costs re-assessed at HK$150,000 inclusive of counsel's fees