ABANCA CORPORACION BANCARIA, S.A. v. YISHA IMPORT AND EXPORT TRADE CO LTD AND OTHERS

HCA 807/2019

[2019] HKCFI 2766

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 807 OF 2019

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R U L I N G

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1.  In these proceedings, the plaintiff took out two applications seeking default judgment to be entered against the 1^st, 2^nd, 3^rd, 5^th and 6^th defendants. At a hearing on 17 October 2019, I entered default judgment, with costs to the plaintiff. I then directed a summary assessment of costs on the basis of the plaintiff’s statement of costs for summary assessment dated 15 October 2019, and any objections or response to that statement provided by any of the defendants. I am satisfied from the affirmation of service that the opportunity to object or respond has been notified to the defendants. But, the time within which the defendants might make objection or response has now expired. I shall therefore proceed to consider the assessment.

2.  The fee earners’ rates put forward in the plaintiff’s statement are in line with an appropriate hourly rate.  There was preparation for the court attendances, which included communications with client and at least one opponent, and the drafting of documents.  Counsel was instructed to attend the four hearings on 10 May 2019, 14 and 21 June 2019 and 17 October 2019.

3.  I am satisfied that the overall fees sought by the statement are broadly reasonable and appropriate for the working complexity in the case, though a little on the high side at HK$408,789.

4.  In the circumstances, and in the exercise of my discretion, I make a summary assessment in the assessed sum of HK$375,000.

5.  The assessment has been made on the basis that the amounts claimed in the plaintiff’s statement of costs do not exceed the plaintiff’s liability for costs to its solicitors in respect of the matters dealt with in the statement (even though a certification to that effect was not included on the plaintiff’s statement of costs for summary assessment).