CHOW STEEL INDUSTRIES PUBLIC CO LTD AND OTHERS v. KO SUNG AND OTHERS

HCMP 2711/2017

[2021] HKCFI 2108

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2711 OF 2017

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DECISION ON COSTS

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1.  For background, I refer to my Decision handed down on 27 April 2021 allowing D2’s application to adduce additional evidence butrefusing his application for leave to appeal against the Costs Order Nisi made on 26 March 2021.

2.  In relation to D2’s Statement of Costs for his application to adduce new evidence:

 (a)  I have taken into account D2’s submissions in respect of the un‑cooperative attitude of Ps;

 (b)  However, the claimed costs of HK$159,010 for an application of such nature is in my view grossly excessive.  C1 (HK$20,200 for total of 5.5 hours on “Communication including conferences, telephone calls and letters”) and D1 (HK$109,000 for total of 30 hours of “Professional Work” by 2 fee earners) particularly so;

 (c)  Adopting a broad brush approach, I summarily assess the costs at HK$40,000.

3.  In relation to Ps’ Statement of Costs for D2’s application for leave to appeal:

 (a)  I agree that the involvement of 3 fee earners create duplication of work;

 (b)  I agree that C2 (“Preparation for the 24 Nov Hearing and attendance thereat”) primarily related to D2’s application for leave to adduce additional evidence;

 (c)  Adopting a broad brush approach, I summarily assess the costs at HK$60,000.

4.  I make no costs order in respect of this assessment.