Hong Kong Case Law: Decisions & Judgments

Topic

Two counsel certificate

Legal area

Court

4 Jun 2020

FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

Citation

[2020] HKCFI 1051
Court

Court of First Instance
Case number

HCCW171/2016

The court varied the costs orders: the Petitioner was awarded the costs of all three sets of appeals including reserved costs for the Directions Hearing, to be summarily assessed and paid; the court applied a broad-brush summary assessment reducing claimed time and fees, fixed the Total Appeal Costs at HK$700,000 payable within 14 days, ordered that Direction Summons costs be in the cause, and summarily assessed the Costs Summons at HK$5,000 to be set off against the appeal costs.
4 Jun 2020

FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

Citation

[2020] HKCFI 1051
Court

Court of First Instance
Case number

HCCW172/2016

The court varied the costs order nisi: the Petitioner is entitled to costs of all three sets of appeals including the reserved costs of the Directions Hearing; the Total Appeal Costs were summarily assessed at HK$700,000 and ordered to be paid within 14 days; costs of the Direction Summons were ordered to be in the cause; the Costs Summons was summarily assessed at HK$5,000 to be set off against the appeal costs; the court granted a certificate for two counsel except for the 20 May 2019 hearing and left apportionment among respondents to the parties.
13 Feb 2015

PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS

Citation

PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1257/2013

The court applied the ordinary principle that costs follow the event; plaintiffs succeeded on their Order 14 summons against the 1st and 2nd defendants and the defendants did not contest the costs claim, therefore the costs of and occasioned by the plaintiffs' Order 14 summons are to be paid by the 1st and 2nd defendants to the plaintiffs, to be taxed if not agreed, with a certificate for two Counsel, and to be paid forthwith.
6 Oct 2011

KCY v. HJFG

Citation

KCY v. HJFG
Court

Court of First Instance
Case number

HCMP685/2011

The application for leave to appeal was dismissed; the court held that costs of the failed interlocutory application should be awarded to the successful party (the husband), to be taxed if not agreed, and that a certificate for the employment of two counsel was appropriate given the novelty and commercial complexity of the application.
20 Aug 2007

HIGH AMBITION INVESTMENTS LTD AND ANOTHER v. FOEBE CHAN

Citation

HIGH AMBITION INVESTMENTS LTD AND ANOTHER v. FOEBE CHAN
Court

Court of First Instance
Case number

HCMP2178/2005

The review succeeds: allowance of the $120,000 brief fee for Mr Remedios is reversed because, although two counsel may be necessary in some cases, here no prior notice was given to the plaintiffs that the defendant would seek a substantive hearing that day and Mr Remedios was instructed merely on the possibility of a full argument; under party and party taxation the fee for that attendance was not shown to be necessary or proper and must be disallowed.

Hong Kong Case Law

FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

FUNG TIN YAU (IN HIS OWN CAPACITY AND SUING AS A SHAREHOLDER OF MAXFORTUNE TRADING LTD AND ON BEHALF OF MAXFORTUNE TRADING LTD AS SHAREHOLDER OF SAMDOR CO LTD) v. FUNG TIN SHING AND OTHERS

PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS

KCY v. HJFG

HIGH AMBITION INVESTMENTS LTD AND ANOTHER v. FOEBE CHAN