Hong Kong Case Law: Decisions & Judgments

Topic

Hourly rate assessment

Legal area

Court

5 Apr 2017

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD

Citation

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD
Court

Court of First Instance
Case number

HCMP2299/2013

The Master allowed the summons to restore the two untaxed items and dealt with them as part of the review, retained jurisdiction to correct the oversight, upheld an adjusted partner hourly rate of HKD 5,000 for party‑and‑party taxation, accepted that two fee‑earners could be justified in principle while taxing off unnecessary additional fee‑earners, upheld the brief fee and refreshers for counsel as reasonable in the circumstances, and dismissed the defendant's reviews while awarding costs to the plaintiff.
14 Mar 2017

HKSAR v. CHOI LOK YIN, KINGSTON

Citation

HKSAR v. CHOI LOK YIN, KINGSTON
Court

Court of First Instance
Case number

HCMA675/2015

Taxation of the Department of Justice's bills is withheld until DoJ supplies information on the post-qualification experience (seniority) of the government counsel involved and, where applicable, details of the complexity of the cases; future DoJ bills lacking such information are incomplete and will be returned; no order as to costs for this hearing.
14 Mar 2017

HKSAR v. THE FIRST TELEPHONE MOTEL CO LTD

Citation

HKSAR v. THE FIRST TELEPHONE MOTEL CO LTD
Court

Court of First Instance
Case number

HCMA57/2016

The Registrar will withhold taxation of the bills until the Department of Justice supplies information on the post‑qualification experience (seniority) of the government counsel involved and, where applicable, particulars of case complexity; future DoJ bills lacking such information are incomplete and will be returned; no order as to costs for the hearing as paying parties were absent.
13 Jan 2012

TALENTS CORPORATION LTD v. SAVILLS PROPERTY MANAGEMENT LTD AND ANOTHER

Citation

TALENTS CORPORATION LTD v. SAVILLS PROPERTY MANAGEMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP1238/2011

Applying the party-and-party standard, the Master adjusted rates and disallowed excessive time where not necessary, allowed specified hours for litigation clerk, solicitor communications and professional work and allowed counsel fees in full, resulting in assessment of allowable costs at HK$71,756.00 in favor of the 2nd Defendant.
6 Jun 2006

RE B.F. CONSTRUCTION CO. LTD.

Citation

RE B.F. CONSTRUCTION CO. LTD.
Court

Court of First Instance
Case number

HCCW691/2004

The judge upheld the Registrar's reliance on his experience and the Hong Kong Scale as the primary reference for hourly rates, limited interference with his assessments absent clear error, admitted specified additional evidence from related reviews under Order 62 r35(4), and varied particular rates and time allowances: Mr Stranger's rates increased to HK$2,300 for earlier periods and HK$2,500 for later periods; Mr Kemp's rate maintained at HK$4,200; Mr Toms' rate maintained at HK$3,200; Mr Cotterell's rate increased to HK$3,200; discrete time allowance adjustments were made (eg item 41 increa…
6 Jun 2006

RE BOLDWIN CONSTRUCTION CO. LTD.

Citation

RE BOLDWIN CONSTRUCTION CO. LTD.
Court

Court of First Instance
Case number

HCCW340/2002

The judge upheld the Registrar's discretionary approach and use of the Hong Kong Scale as the appropriate benchmark, intervening only where the Registrar was clearly wrong; applied a global approach to rates within bills; increased Mr Stranger's rates modestly for complexity and overseas experience, maintained Mr Kemp's and Mr Toms' rates, increased Mr Cotterell's rate to parity with Mr Toms, and upheld most time deductions while allowing a limited increase for one research item.
6 Jun 2006

RE MAINTAIN PROFITS LTD.

Citation

RE MAINTAIN PROFITS LTD.
Court

Court of First Instance
Case number

HCCW345/2002

Judge upheld the Registrar's general methodology and use of the Hong Kong Scale as the primary reference, exercised limited intervention: fixed Mr Stranger's hourly rate at HKD 2,300 for specified pre‑admission periods and HKD 2,500 for specified post‑admission periods, maintained Mr Kemp at HKD 4,200, maintained Mr Toms at HKD 3,200, increased Mr Cotterell to HKD 3,200, and upheld the Registrar's time deductions save for limited increases (eg item 41 increased to 2 hours); permitted limited admission of additional evidence under rule 35(4).
6 Oct 2005

DOLLARWELL INVESTMENTS LTD v. DONALD KOO HOI YAN

Citation

DOLLARWELL INVESTMENTS LTD v. DONALD KOO HOI YAN
Court

Court of First Instance
Case number

HCA12307/1995

The taxing master exercised independent discretion to assess each disputed item on its own evidence, upheld most challenged items as necessary or reasonable (including MS's $3,500/hour for Period B and several counsel fees), allowed specific reductions where overlap or excess was proven (notably drafting of defendant's first affirmation reduced to 3.5 hours, LCD drafting hours reduced from 60 to 40, item 285a reduced to 8 hours), and imposed a global 30% reduction of the taxed costs to reflect 28 months of inexcusable delay in preparing the bill.