DINERS CLUB INTERNAIONAL (HONG KONG) LTD v. WONG KIM MING AND ANOTHER

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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JUDGMENT

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1. This is an assessment consequent on interlocutory judgment for damages to be assessed, representing costs on an indemnity basis. The hearing proceeded in the absence of the two defendants, who had all along been in default.

2. With leave, the judgment creditor gave its evidence by way of an affirmation, with the bill of costs annexed in the form of a bill for taxation. The bundle of supporting documents was handed in and the court considered these and the bill in the manner of a taxation of costs.

3. The bill was incurred through default on a credit card agreement and the charges overall were modest. The solicitor's rates in particular, at $1,700.00 per hour on an indemnity basis, were very reasonable. The court considered the bill as a whole, and the individual items together with their supporting documents, and declined to make any deductions. There will therefore be judgment in the amount of the bill, being annexure LKL l to Mr. lee Kwok Lun's affirmation of 18th March 1991. Interest will accrue thereon at the judgment rate to date of payment.

4. Costs of today's appearance are also awarded. To avoid further expenditure, I will assess these as a half hour of the solicitor's rate that is $850.00. There will be an order nisi for payment of this amount, with liberty to the defendants to apply for variation within 28 days of the service on them by registered post of the order of the court.