X, S v. L, B

FCMC11635/2016

[2019]HKFC195

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSE NUMBER 11635 OF 2016

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Summary Assessment of costs

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1.  This is the summary assessment of the petitioner’s costs arose from the 1^st Appointment hearing dated 10 July 2019 pursuant to the paragraphs (2) to (3) of the costs order made on the same day.  By her Statement of Costs dated 11 July 2019 and filed on 12 July 2019, the petitioner made a claim of totally $47,860, of which $25,000 belongs to 50% of fee for counsel’s attendance.  By his Statement of Objections dated 19 July 2019, the respondent argued that the reasonable sum is $9,095.64.  However, the respondent did not take issue on the hourly charging rate of the petitioner’s solicitors. 

3.  Looking at the matter in the round, I accept the respondent’s argument that the petitioner’s claim is excessive.  This is a 1^st Appointment hearing.  There is no complicated issues of law or fact involved.  Additionally, as I already indicated during the said hearing, I believe that most of the preparation work already done by the petitioner’s solicitors can actually be reused at the adjourned 1^st Appointment hearing dated 4 December 2019.  According to the court records, the hearing time of the 1^st Appointment dated 10 July 2019 is approximately 30 minutes.  Giving a broad brush approach, and taking items A, B and C of the petitioner’s Statement of Costs dated 11 July 2019 together, I allow 2 hr of GC, i.e. $3,460, and 30 minutes of DH, i.e. $1,930, totally $5,390.  As regards counsel fee, I consider that the sum of $8,000 being 50% of the brief fee is reasonable.  On top of the above, I allow item E1, i.e. copying charges of $50, but I disallow item E2 for the absence of necessary details.

4.  In conclusion, it is ordered that the costs payable by the respondent to the petitioner pursuant to the paragraphs (2) and (3) of the costs order dated 10 July 2019 be summarily assessed at $13,440.