Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Indemnity principle in costs

  • 5 May 2010

    YEUNG YEUK SUT v. TSE CHUN YIP AND OTHERS

    Citation
    YEUNG YEUK SUT v. TSE CHUN YIP AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA682/2006

    The Taxation Bill and the taxed amount breached the indemnity principle; comparing appropriate charging periods the court held the receiving parties could only recover HKD 608,398 in taxed profit costs (HKD 478,300 for the first period and HKD 130,098 for the second period); the sanctioned offer of HKD 1,400,000 was not beaten; no exemption from payment of interest was allowed; costs of the taxation proceedings were awarded to the paying party on a party-and-party basis summarily assessed at HKD 35,000; allocatur to be sealed and payment out with interest in part settlement ordered.

    • Indemnity principle in costs
    • Sanctioned offer
    • Interest on costs
    • Taxation of costs
    • Party-and-party vs solicitor-client costs

  • 28 Apr 1999

    THE BUILDING AUTHORITY v. BUSINESS RIGHTS LTD.

    Citation
    THE BUILDING AUTHORITY v. BUSINESS RIGHTS LTD.
    Court
    District Court
    Case number
    DCMP940/1993

    Where the same government lawyer has conduct of the proceedings from start to finish, costs for his court appearances are to be assessed on an hourly (solicitor-style) basis including a reasonable profit element rather than by applying private barrister brief fees and refreshers, because applying full brief fees would breach the indemnity principle; a separately instructed government advocate may claim a brief fee, but its quantum must be proportionately lower to avoid overcompensation.

    • Indemnity principle in costs
    • Barrister brief fees vs solicitor hourly rates for government lawyers
    • Rights of government legal officers to appear
    • Taxation of bills of costs