CHEUNG WING WAH v. ON YIP PROPERTY DEVELOPMENT CO LTD

HCA 3010/2015

[2021] HKCFI 837

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 3010 OF 2015

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DECISION ON COSTS

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1.  On 20 January 2021, I handed down my Judgment allowing part of P’s claim. At §94 of my judgment, I made a costs order nisi that P shall have 70% of his costs of the action.

2.  On 3 February 2021, P made a written application seeking variation of the costs order nisi.  P seeks thereby a certificate for two counsel.

3.  Upon my direction, D put in its reply on 2 March 2021.

4.  P seeks a certificate for 2 counsel because in his submissions, the Pleadings Points pursued by D were not straightforward, and they were dealt with by Mr Yeung, co‑counsel with Mr Shek for P.   

5.  I accept the submissions made on D’s behalf that the instruction of Mr Shek should be sufficient to deal with all the issues involved in the case, including the Pleading Points. 

6.  I refuse P’s application for a certificate for 2 counsel.

7.  D seeks costs of this application to vary.  Whilst no statement of costs has been provided, I regard a sum of HK$4,000 as being reasonable. I order that P shall bear the costs of this application to vary, which I summarily assess at HK$4,000, to be set off from the 70% costs of the action which I have ordered that P shall have.