TAI TSZ LUNG v. LAU YUEN FUNG t/a LING FU ENGINEERING CO AND ANOTHER

TAI TSZ LUNG v. LAU YUEN FUNG t/a LING FU ENGINEERING CO AND ANOTHER

The court allowed costs on the District Court scale at $2,600/hr for a senior fee earner and $1,280/hr for an assistant solicitor, rejected the applicant's lower caps, reduced claimed times where excessive (principal attendance reduced to 20 minutes, perusal to 30 minutes), assessed the 2nd respondent's costs at HK$5,098 and allowed Lixil's TBK attendance for 3 hours at HK$7,800.

Citation
TAI TSZ LUNG v. LAU YUEN FUNG t/a LING FU ENGINEERING CO AND ANOTHER
Parties
Applicant: Tai Tsz Lung; 1st Respondent: Lau Yuen Fung trading as Ling Fu Engineering Company; 2nd Respondent: Yau Lee Construction Company Limited; Intended 3rd Respondent: Lixil Corporation
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 February 2017
Case Number
DCEC583/2016
Procedural Posture
Employees Compensation / Decision on Costs; Summary Assessment
Outcome
Applicant ordered to pay costs to the 1st and 2nd respondents and to Lixil; summary assessment completed in part with specified allowances.
Legal Topics
Workers' Compensation, Summary Assessment of Costs, Party and Party Costs, Joinder and Limitation
Source Language
EN
Employment Law Civil Procedure Costs Workers' Compensation Summary Assessment of Costs Party and Party Costs Joinder and Limitation

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 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Tai Tsz Lung

Applicant

Lau Yuen Fung trading as Ling Fu Engineering Company

1st Respondent

Yau Lee Construction Company Limited

2nd Respondent

Lixil Corporation

Intended 3rd Respondent

Procedural Posture

Employees Compensation / Decision on Costs; Summary Assessment

Legal Issues

  1. 1 Whether the applicant must pay the costs of the 1st and 2nd respondents and Lixil
  2. 2 Appropriate hourly rates for fee earners on summary assessment
  3. 3 Reasonable time allowances for tasks claimed

Ratio Decidendi

The court allowed costs on the District Court scale at $2,600/hr for a senior fee earner and $1,280/hr for an assistant solicitor, rejected the applicant's lower caps, reduced claimed times where excessive (principal attendance reduced to 20 minutes, perusal to 30 minutes), assessed the 2nd respondent's costs at HK$5,098 and allowed Lixil's TBK attendance for 3 hours at HK$7,800.

Court Disposition

Applicant ordered to pay costs to the 1st and 2nd respondents and to Lixil; summary assessment completed in part with specified allowances.

Orders

  • Applicant to pay the costs of the summons to the 1st respondent, the 2nd respondent and Lixil
  • Costs of the 2nd respondent assessed at HK$5,098