MUL-T-LOCK LTD v. YUNG TAK KI AND ANOTHER

HCA 1028/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1028 OF 2009

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Summary Assessment of Costs

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1.  On 27 May 2009 I made an order that the costs of the action, including the costs of and occasioned by the application before me on that day, be to the plaintiff to be assessed by a summary assessment.  This is the summary assessment of the costs order that I made.

2.  The plaintiff has filed its statement of costs and the defendants have filed their objections.  I have considered these.  I have also considered the submissions that have been presented to the court. 

3.  In view of certain reductions made by the plaintiff the amount now sought by the plaintiff is the sum of $153,689.  The defendants are prepared to grant a deduction of $63,707 to the original sum claimed by the plaintiff.  In effect the defendants do not dispute that the sum of $91,102 is payable as costs to be assessed. 

4.  The principles are clear.  This is not a mini taxation of costs and the court applies a broad-brush approach on the summary assessment. 

5.  I am satisfied that there are some items which can be regarded as excessive on the time spent.  These include items under C1, C3 and C4 of the statement of costs.  As regards items D1 and D2, where time was spent on preparation of documents and perusal of documents, I am of the view that some of the time spent was excessive. 

6.  Without in any way conducting a mini taxation of costs and applying a broad-brush approach, in my view, the proper sum to be assessed is the sum of $119,000.  That is my assessment of costs that the defendants have to pay to the plaintiff.

[After hearing's submissions]

7.  I also assess $700 for to-day’s hearing.  Including the costs for today's hearing the total sum assessed is $119,700.  That is my order.