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CACV 144/2024, [2024] HKCA 1114
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 144 OF 2024
(ON APPEAL FROM HCB NO. 4475 OF 2002)
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IN THE MATTER of SO CHING WAN (now a discharged bankrupt) (‘the Bankrupt’) |
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and |
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IN THE MATTER of the Bankruptcy Ordinance (Cap. 6) |
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BETWEEN
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THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF SO CHING WAN |
Applicant |
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and |
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ASSEN LIMITED |
1st Respondent |
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CHEUNG YING HO |
2nd Respondent |
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CHEUNG CHO YI NATALIE |
3rd Respondent |
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LAM YUK CHUN |
4th Respondent |
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| Before : |
Hon Cheung and Au JJA in Court |
| Date of Decision : |
28 November 2024 |
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SUMMARY ASSESSMENT OF COSTS
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Hon Cheung JA (giving the Summary Assessment of Costs) :
1. On 19 September 2024, this Court (Cheung and Au JJA) handed down our decision ([2024] HKCA 877) ordering the applicant to give security for costs in this appeal in the sum of $250,000 within 21 days from the date of the decision. The applicant complied with the order by paying into court $250,000 as security by the stipulated deadline.
2. The decision further provided that the 2nd to 4th respondents are to have costs of the application for security for costs to be summarily assessed. The parties have lodged their statement of costs and objections respectively. The solicitors for the 2nd to 4th respondents then further lodged into court a letter dated 2 October 2024 disputing Item 2 in the applicant’s list of objections.
3. The 2nd to 4th respondents claim a total sum of $257,004 of which $90,000 is counsel fee and the balance represents solicitors’ costs and disbursements.
4. We will assess the 2nd to 4th respondents’ costs at $150,000 which includes $90,000 for counsel fee.
(Peter Cheung)
Justice of Appeal
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(Thomas Au)
Justice of Appeal
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K B Chau & Co for the applicant
Hom & Associates for the 2nd to 4th respondents
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