李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER

HCA 597/2021

[2023] HKCFI 1034

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 597 OF 2021

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DECISION
ON COSTS

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1.  By my decision of 20 January 2023[1], I refused Ds’ application for leave to appeal. I made a costs order nisi, to be absolute within 14 days, that Ps shall have the costs of the NOA Summons, to be assessed summarily, which assessment shall not be proceeded with until the final disposal of their renewed leave application to the Court of Appeal, or the expiry of the period for Ds to so apply if they ultimately do not make one.

2.  Ds have not renewed their leave application to the Court of Appeal.

3.  I have considered the Statement of Costs, Objections, and Reply lodged.

4.  Given the nature of the application and the engagement of 3 counsel, I agree with the objections that items B1 (Attendance on Clients), C2 (Perusing and considering Ds’ Skeleton Submissions)  and C3 (Perusing, considering and making comments on Ps’ Written Submissions)  are too high.  I also agree that Mr Lin’s fee of HK$200,000 is too high, which I reduce to HK$150,000.

5.  Adopting a broad brush approach, I summarily assess the costs at HK$210,000.