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

HCMP 270/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 270 OF 2014

(ON AN INTENDED APPEAL FROM DCCJ NO. 2263 OF 2013)

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Hon Kwan JA (giving the decision of the Court):

1. On 20 May 2014, we gave our decision dismissing the plaintiff’s application for leave to appeal to the Court of Appeal and made an order nisi that the plaintiff should pay the defendant’s costs of the application and assessed the costs awarded to the defendant provisionally at $2,000, on the basis of ten hours’ work reasonably spent by the defendant’s director at $200 an hour, being the hourly rate normally allowed to a litigant in person.

2. The defendant acting by its director Mr Lau has applied to vary the costs order nisi.  He does not argue about the amount of time allowed for the work done but contends that the hourly rate should be adjusted to $3,000, making a total of $30,000.  It is his contention that indemnity costs should be awarded because of the “illogical and harsh behaviour” of the plaintiff, and that his hourly rate should be $3,000 on account of his curriculum vitae and on the spirit of “equal footing”.

3. We are not persuaded that any variation should be made to the hourly rate.  There are no exceptional circumstances to justify increasing the hourly rate for a litigant in person above the maximum of $200 provided in the rules of court.  We maintain the costs order made in our decision.

4. Mr Lau has also requested an order that the costs awarded to the defendant may be collected by the defendant’s shareholder, as the defendant’s bank account has been frozen owing to a winding-up petition presented by the plaintiff.  It is inappropriate for us to make any such order.  If there is any application regarding the deposit and withdrawal of monies in respect of a bank account frozen on account of a winding-up petition, it should be made to the court seized with the winding-up proceedings.