WONG KA YAN PATRICK v. CHEUNG KA YU NICOLE formerly known as CHEUNG LEE HUNG

HCA 2102/2017

[2021] HKCFI 3765

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2102 OF 2017

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RULING ON COSTS

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1.  This is an application by the Plaintiff to vary the order on costs made in the Judgment of 27 October 2021.

2.  As pointed out for the Defendant, the Plaintiff first made his claims of alleged harassment on 7 July 2017 and 9 November 2017. The claims were denied by the Defendant, but she had (through her solicitors’ letter of 16 November 2019) undertaken not to send out any further letters or messages of the type complained of by the Plaintiff. Of the claim of conversion of the mobile telephones, the Defendant pointed out that one telephone had been returned and been kept by the Plaintiff’s solicitors before trial. These matters were not investigated at trial because of the undertakings agreed on the first day.

3.  In any event, apart from the costs of the application for interlocutory injunction, the costs incurred in the action in preparation for the trial relating to the alleged harassment and conversion were limited, compared to the evidence on the more substantive issues of the Property, the Cash Transfer and the trust. Whilst the parties could and should have settled the claims relating to harassment and conversion well before trial, instead of waiting for the first day of trial, it is apparent from the Opening Submissions of Counsel for the Plaintiff that there were only extremely limited submissions on harassment and conversion.

4.  Overall, the costs of the harassment and conversion claims made up a small portion only of the costs leading up to trial.

5.  On the first day of trial, time was given to the parties to negotiate and agree on the terms of the settlement of the claims of harassment and conversion. The trial formally commenced with the calling of witnesses at approximately 11:44 am.

6.  Having considered the submissions made on behalf of the parties, and taking a broad-brush approach, I vary the costs order made in the Judgment, and order instead that the Defendant is to bear 15% of the costs of the action up to and including 12 noon on 13 July 2021. The Plaintiff is to pay 85% of the costs of the action up to and including 12 noon on 13 July 2021, and the costs of the action from 12 noon on 13 July 2021, to be taxed if not agreed, with certificate for counsel. Any costs hitherto reserved are included in such order.

7.  The costs of this application are to be paid by the Defendant to the Plaintiff, with certificate for counsel, to be taxed if not agreed.