TSE YOUNG LAI v, CHAN TING LAI

HCA 521/2021

[2023] HKCFI 1746

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 521 OF 2021

__________________

__________________

____________________

DECISION ON COSTS

____________________

1.  For the reasons set out in my Decision handed down on 25 May 2023[1], I dismissed D’s Summons for summary judgment. I made a costs order nisi that D shall bear the costs of the Summons, with certificate for 2 counsel, to be summarily assessed.

2.  In the absence of any application for variation, the costs order nisi has become absolute.

3.  I have read P’s Statement of Costs and Reply, and D’s List of Objections.

4.  In respect of C1, I agree that 44.5 hours of conferences with client is unreasonable and excessive.  I allow only 10.

5.  In respect of D1(a), 20 hours for preparing P’s affirmation, when counsel was also briefed for “drafting” (in respect of which there is no objection), is in my view excessive.  I allow only 5.

6.  I agree that items D1(c), (d) and (e) for “Preparing the skeleton arguments with schedules”, “Preparing [P’s] 25 authorities” and “Printing and compiling the 25 authorities” for a total of 7 hours by a principal of 29 years’ of experience, and with 2 counsel instructed (whose fees are not objected to), are unreasonable.  I allow only 2.

7.  In respect of Items D2(c) and (d), a total of 15.5 hours for perusal of Ds’ affirmation, and with 2 counsel instructed (whose fees are not objected to), is excessive.  I allow only 6.

8.  Adopting a broad-brush approach, and together with other minor reductions, I summarily assess the costs at HK$600,000.

9.  I make no costs order in respect of this exercise.