Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Taxing fee

  • 13 May 2011

    SINGH GORINDER BAL v. CHAN NGA KAI

    Citation
    SINGH GORINDER BAL v. CHAN NGA KAI
    Court
    Court of First Instance
    Case number
    HCPI840/2008

    Calderbank offers made by the paying party are relevant to costs of taxation even where the receiving party is legally aided; where the offer expressly excludes taxing fee and the legally aided receiving party would not be required to pay the fee if the offer were accepted, the taxing fee is excluded from the comparison; applying those principles and the de minimis rule, the Plaintiff only marginally beat the last offer (by HK$558.50) and the court exercises its discretion to split the costs of taxation at 30 June 2010: Defendant pays Plaintiff's costs up to 30 June 2010, Plaintiff pays Defen…

  • 28 Dec 2007

    LEUNG LIN KO v. YEUNG CHUN HUNG t/a CHUN HUNG ENGINEERING CO AND OTHERS

    Citation
    LEUNG LIN KO v. YEUNG CHUN HUNG t/a CHUN HUNG ENGINEERING CO AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI567/2005

    Because the defendant\'s offer was expressly inclusive of taxing fee the taxing fee must be included when assessing whether the offer was beaten; there is no established 50% taxing fee discount practice to be applied as a matter of course; and there was no evidence to justify making solicitors personally liable, the application to vary the order nisi was dismissed.

  • 2 Jun 2000

    LAM CHI SHEUNG v. KIN WAH ENGINEERING CO. ANOTHER

    Citation
    LAM CHI SHEUNG v. KIN WAH ENGINEERING CO. ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI596/1997

    The offer of 4 March 1999 was a proper Calderbank offer; the taxed costs (with interest) were below the global offer so the offer succeeded overall but failed in respect of disbursements; having regard to the distinct categories of costs and the legal aid context the appropriate exercise of the court's discretion was to vary the master's orders so that each party bears its own costs of the taxation and review, with the plaintiff entitled to recover items 399 and half of items 419 and half the taxing fee.