Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Party‑and‑party taxation

  • 10 Dec 2015

    YUNG TAI YIN v. CHAN YUEN TUNG AND ANOTHER

    Citation
    YUNG TAI YIN v. CHAN YUEN TUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1225/2014

    Applying the two-stage summary assessment approach and adopting a broad-brush methodology, the court found the claimed costs disproportionate on a party-and-party basis, scrutinised each item for necessity and reasonableness, allowed reductions and disallowances on multiple items and assessed total recoverable costs at $100,950, ordering the plaintiff to pay that sum to the 2nd defendant.

    • Summary assessment of costs
    • Party-and-party taxation
    • Hourly rates
    • Disbursements
    • Rehearing
    • Costs order nisi

  • 13 Oct 2005

    ASIA PACIFIC LASIK CENTRE LTD v. QUALITY HEALTHCARE MEDICAL SERVICES LTD AND ANOTHER

    Citation
    ASIA PACIFIC LASIK CENTRE LTD v. QUALITY HEALTHCARE MEDICAL SERVICES LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA2347/2004

    The appeal was without proper basis and the Master had legitimately exercised discretion; there was no basis to depart from the usual rule that costs follow the event. Therefore the plaintiff must pay the costs of the appeal and the costs of the hearing, to be taxed on a party-and-party basis and paid forthwith.

    • Costs on appeal
    • Exercise of judicial discretion
    • Party-and-party taxation
    • Failure of appeal

  • 30 Mar 2004

    CITIBANK (WEST), FSB v. EMERALD WORLDWIDE HOLDINGS INC LTD AND ANOTHER

    Citation
    CITIBANK (WEST), FSB v. EMERALD WORLDWIDE HOLDINGS INC LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA97/2004

    Apply party‑and‑party taxation standards to reduce excessive and duplicative time and to adjust hourly rates to customary levels: disallow the second solicitor’s unnecessary time, reduce GL’s hours for each stage, set the litigation clerk rate at HKD 1,000 and assess bill preparation by reference to a law costs draftsman at HKD 1,600; award gross sum costs to plaintiff in the reduced amount HKD 126,677.

    • Ex parte mareva injunction
    • Gross sum costs under order 62 r 9(4)(b)
    • Party‑and‑party taxation
    • Assessment of solicitor time and hourly rates

  • 12 Feb 2003

    CHAN KWONG HON v. CHAN KAM WAH KENT AND ANOTHER

    Citation
    CHAN KWONG HON v. CHAN KAM WAH KENT AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI242/2002

    Plaintiff was entitled to costs but the court must reduce items that were unreasonable, duplicative or unnecessary; having found the action straightforward with overlap in solicitor work and excessive disbursements, the court allowed a reduced profit costs sum and disbursements and fixed gross sum costs at HKD 164,437 payable within 21 days.

    • Costs assessment
    • Settlement/payment into court
    • Party-and-party taxation
    • Solicitor conduct
    • Counsel fees
    • Duplication and proportionality

  • 19 Jul 1993

    UBC (Construction) Limited v. Sung Foo Kee Limited

    Citation
    UBC (Construction) Limited v. Sung Foo Kee Limited
    Court
    Court of First Instance
    Case number
    HCCT11/1991

    The court found SFK's late amendment and denial of the clear meaning of UBC daywork certificates was oppressive and an affront to the court, and that these specific items of expense were caused unnecessarily by SFK; therefore those specified items are to be taxed on an indemnity basis while all other costs (pre-trial and trial generally) will be taxed on the usual party-and-party basis; counterclaim costs are not ordered against SFK and post-judgment hearings costs are borne by SFK on the usual basis.

    • Indemnity costs
    • Party-and-party taxation
    • Dayworks
    • Variation orders
    • Expert fees
    • Photocopying

  • 25 Jul 1989

    CAL-TRADE PRIVATE LTD v. MINDO COMMODITY TRADING CO LTD

    Citation
    CAL-TRADE PRIVATE LTD v. MINDO COMMODITY TRADING CO LTD
    Court
    Court of Appeal
    Case number
    CACV82/1989

    The judge below misapplied his discretion by relying on an inflated skeleton bill as a realistic guide; the proper approach is to estimate what a hypothetical competent solicitor and counsel would reasonably incur on a party-and-party basis to discovery, discount inflated items and not certify two counsel absent necessity. Applying that approach the Court of Appeal reduced the security to $315,000, granted leave to appeal out of time against the certificate for two counsel and ordered the defendant to pay the plaintiff's costs of the appeal (order nisi), leaving other costs orders below undis…

    • Security for costs
    • Liquidation
    • Receivership
    • Party-and-party taxation
    • Certificate for two counsel
    • Exercise of judicial discretion