CHOW SING YUET ELTON v. CARRY EXPRESS INVESTMENT LTD

HCCT 18/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. 18 OF 2007

----------------------

----------------------   

----------------------

RULING ON COSTS

----------------------

1.  On 11 June 2010 I ordered, by consent, that certain costs of occasioned by the Defendant’s application for leave to amend the defence, and particularised in paragraph 2 of the sealed order, be subject to summary assessment.

2.  The statement of costs on the part of the Plaintiff, and the response on the part of the Defendant have now been submitted to me.  Those costs amount to solicitors fees of $100,180, and counsel’s fees of $125,000.

3.  This was not a straightforward application to amend a defence.  The disposal of the application first required an adjournment of the 9:30 a.m. call over as the amendments were substantial and fully opposed.  Next, following a half day argument, the application was dismissed in a comprehensive written ruling.  Subsequently there were two informal applications by the Defendant to amend, conducted by correspondence between the parties, and finally, a renewed formal application before the court on 11 June 2010.  Ultimately leave was granted to an amendment to the defence.

4.  Having regard to the extent of the work involved, which was much greater than usual in relation to the amendment of a defence, I am satisfied that the costs claimed are perfectly reasonable. 

5.  The Defendant is accordingly ordered to pay, forthwith, costs and disbursements totalling $225,180, as set out in the Plaintiff’s statement of costs.