SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

CACV 250/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 250 OF 2010

(ON APPEAL FROM DCCJ NO. 1569 OF 2008)

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DECISION ON GROSS SUM ASSESSMENT

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1.  In the Decision on Costs of 29 November 2013, this court ordered the Defendant to pay part of the costs of the stay application and the costs of the summons of 8 November 2013 to the Plaintiff. This court indicated that there will be a gross sum assessment and provisionally assessed it at $28,000. The costs were to be payable forthwith.

2.  On 6 December 2013, the Defendant through Mr Lau wrote to the court advancing submissions for variation of the costs order. However, none of the submissions addressed the quantum.

3.  On 12 December 2013, solicitors for the Plaintiff wrote to the court in response.

4.  The court had heard oral submissions on costs at the hearing of 21 November 2013.  The liberty to apply for variation given in the Decision of 29 November 2013 only confines to the quantum.  This court is not minded to entertain the submissions advanced by Mr Lau on topics other than those related to quantum.

5.  Since there is no submission on quantum by Mr Lau, the provisional assessment at $28,000 becomes the final assessment.  The Defendant shall pay the Plaintiff the sum of $28,000 by way of part of the costs of the stay application and the summons of 8 November 2013 forthwith.