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HCA 604/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 604 OF 2009
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BETWEEN
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PT BALI HOSPITALITY UTAMA |
Plaintiff |
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and |
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MATHIAS ECHENE |
1st Defendant |
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LAURENT LAUTIER |
2nd Defendant |
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DAVID CHKIERMAN |
3rd Defendant |
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CHARLES JOORY |
4th Defendant |
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Before: Deputy High Court Judge Carlson in Chambers
Date of Ruling on Gross Assessment of Costs (Handed Down): 16 April, 2010
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RULING ON GROSS ASSESSMENT OF COSTS
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1. The Plaintiff’s solicitors having indicated that they are now without instructions and are not in a position to make any observations on the 2nd Defendant’s statement of costs.
2. The basis of the assessment is on an indemnity basis, I having already ruled that this is the appropriate basis of taxation. I have decided to make a gross assessment of the 2nd Defendant’s costs.
3. The total amount that is asked for is $896,477 including $274,375 for leading counsel and $149,765 for fees paid to Indonesian lawyers to advise on Indonesian Law. The 2nd Defendant’s solicitors have charged $470,174.
4. It should be remembered that these fees only related to the preparation for and the hearing of a stay application which was disposed of in 2 hours and 8 minutes with judgment being delivered the following day together with a separate hearing as to whether costs should be taxed on a party and party or on an indemnity basis.
5. As to part B being for manual work, I allow this in full. As to part C being for communications and conferences, I also allow this in full. As to part D for professional work, I consider that 50 hours would have been sufficient under D1 preparation of documents and reduce this to $190,000. D2 I reduce to 5 hours given that the same person prepared the documents and has been paid for this under D1, and so $19,000 will be allowed for this. D3 is also excessive and represents and overlap with D1 and D2. I will allow 5 hours which is $19,000. D4 I allow in full. As to counsel’s fees, I allow these save for the refresher. This was a one-day hearing and counsel were released for the delivery of judgment the following day. Under F, I allow these fees in full.
6. The gross assessment therefore will be $728,877.
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(Ian Carlson)
Deputy High Court Judge |
Messrs Oldham, Li & Nie for the Plaintiff
Messrs F Zimmern & Co. for the 2nd Defendant
The 1st, 3rd and 4th Defendants did not appear and were not represented
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