YUNG MEI CHUN, JESSIE v. MERRILL LYNCH (ASIA PACIFIC) LTD

HCMP 1648/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1648 OF 2015

(ON AN INTENDED APPEAL FROM DCCJ NO. 3068 OF 2013)

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JUDGMENT
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Hon Lam VP (giving the Judgment of the Court):

1.  On 25 August 2015, we ordered the Plaintiff to pay the costs of the Defendant in this application on an indemnity basis. Pursuant to our directions, the Defendant lodged a statement of costs claiming costs in the sum of $57,832. The Plaintiff lodged objection to the statement of costs on 8 September 2015.

2.  Having considered these documents, and having regard to the complexity of the matter and the materials placed before us, we accept the figure of $57,832 as a reasonable figure for costs to be awarded to the Defendant on an indemnity basis.  We do not accept the Plaintiff’s objection.  Even though the materials placed before this court are substantially the same as the materials before the Judge when leave was sought below, it does not mean that those acting for the Defendant did not have to do any work in the application before this court. The reading of the documents from the Plaintiff and assessing whether the Defendant could rely on the same material to resist the application involved professional work.  There are also clerical and administrative work in attending to the application. 

3.  We accordingly fix the costs of the Defendant at $57,832.