LUCY MICHAELS v. HARBOUR GRAND HONG KONG

CACV 511 /2018

[2020] HKCA 877

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 511 OF 2018

(ON APPEAL FROM HCPI NO 898 OF 2016)

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DECISION ON COSTS

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Hon Kwan VP (giving the Decision on Costs of the Court):

1.  On 27 August 2020, we handed down our judgment dismissing the plaintiff’s appeal against the decision of Deputy High Court Judge Paul Lam, SC on 12 September 2018 striking out her claim in this action and dismissing her appeal against the decision of Master Leong on 25 January 2017, by which the master dismissed her application for summary judgment. We made an order nisi that the plaintiff is to pay the defendant’s costs of this appeal. As no summons has been taken out by any party to vary the costs order nisi within 14 days of our judgment, that order has since been made absolute.

2.  Pursuant to the directions given in §89 of our judgment, on 9 September 2020 the defendant has lodged its statement of costs of this appeal for summary assessment.  The plaintiff has not lodged any submission to object to any item of costs in the defendant’s statement of costs within 14 days thereafter.

3.  We now proceed to assess summarily the amount of reasonable costs that should be paid by the plaintiff.

4.  The defendant claimed total costs of $353,353.33.  We have made adjustments to a number of items to reflect the amount of time that should reasonably be spent.  We also disallow the amounts claimed for preparation of the statement of costs for summary assessment as a broad‑brush approach is taken by the court in the summary assessment procedure and costs for gathering information and drafting of statement of costs will generally not be allowed (Practice Direction 14.3 at §13).  We allow $250,953 to be recovered from the plaintiff as reasonable costs.