FANTASTIC STATE LTD v. TIEN'S ORGANIC FARM AND OTHERS

CACV 77/2019

[2019] HKCA 1235

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 77 OF 2019

(ON APPEAL FROM HCA 99/2018)

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BETWEEN

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DECISION ON COSTS

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Hon Lam VP (giving the Decision on Costs of the Court):

1.  Pursuant to our judgment on costs of 16 September 2019, solicitors for the Plaintiff lodged four statements of costs:

(a) A statement of costs for the appeal in the total sum of $1,063,709 (of which $930,000 is counsel fees for two counsel);

(b) A statement of costs for the application for leave to appeal in the Court of Appeal in the total sum of $136,023.80 (of which $99,000 is counsel fees for two counsel);

(c) A statement of costs for the application for leave to appeal in the Court of First Instance in the total sum of $543,011 (of which $429,000 is counsel fees for two counsel);

(d) A statement of costs for the application for injunction in the Court of First Instance in the total sum of $1,622,766 (of which $986,000 is counsel fees for two counsel).

2.  Notwithstanding our direction at [11] in our costs judgment, the defendants did not lodge any objection to these statement of costs.

3.  Having considered the costs statements, we make the following orders under Order 62 Rule 9A (1)(b) (which preserves the right of either party to seek taxation[1] but such taxation will be subject to the conditions in Rule 9A (3) to (5)):

(a) For the costs of the appeal, the costs of the Plaintiff are summarily assessed under Rule 9A (1)(b) at $750,000;

(b) For the costs of the leave application before the Court of Appeal, the costs of the Plaintiff are summarily assessed under Rule 9A (1)(b) at $100,000;

(c) For the costs of the leave application in the Court of First Instance, the costs of the Plaintiff are summarily assessed under Rule 9A (1)(b) at $400,000;

(d) For the costs of the application for injunction in the Court of First Instance, the costs of the Plaintiff are summarily assessed under Rule 9A (1)(b) at $1,100,000.