ANTHONY FRANCIS LI and CLARENCE A LI, Managers of LI TO WAN TSO v. KWOK WUI KNITTERS LTD

HCMP 1044/2019

[2022] HKCFI 1873

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1044 OF 2019

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SUMMARY ASSESSMENT OF COSTS

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1.  This is the summary assessment of costs in respect of the costs order I made on 17 August 2021.

2.  The background of this case has been set out in the Decision handed down on 17 August 2021 (“the Decision”) and I do not want to repeat the same here.

3.  In the Decision, I dismissed the Plaintiffs’ appeal against the case-management decision made by the Master in ordering these proceedings be continued as if the cause had been so begun by writ.

4.  The appeal was argued by counsel on both sides with an estimated time of 3 hours.  The Defendant has submitted the Statement of Costs claiming the total costs of $157,678 inclusive of counsel’s fee in the sum of $67,500.  In the List of Objections, the Plaintiffs ask for total reduction in the sum of $80,675.

5.  The Defendant’s solicitors charged a sum of about $90,000.  Given that the appeal was only concerned with a procedural matter and that counsel had been engaged to argue the appeal, I agree that the fees charged by the Defendants’ solicitors are excessive.  Having considered the works done by the solicitors, I allow a sum of $50,000.  For the counsel’s fees, taking into account the nature of the appeal and the seniority of Mr Phang (called to the bar in 2015), I allow the same sum of $50,000.  I therefore summarily assess the Defendants’ costs in the sum of $100,000.