CHAN MAN SHUN v. SZE CHING LOK

CACV 47/2019

[2021] HKCA 2

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 47 OF 2019

(ON APPEAL FROM HCA NO. 1170 OF 2014)

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BETWEEN

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DECISION ON

ASSESSMENT OF COSTS

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Hon Chu JA giving the decision of the Court:

1.  On 18 November 2020 this Court handed down our judgment^[1] dismissing the defendant’s notice of motion applying for leave to appeal to the Court of Final Appeal against our earlier judgment of 11 June 2020.  We also ordered the defendant to pay the plaintiff the costs of the notice of motion to be summarily assessed.

2.  Pursuant to our directions^[2], the plaintiff had on 1 December 2020 filed a statement of costs for summary assessment.

3.  The defendant, however, had not put in any statement of objection within the 14 days’ period stipulated in our directions^[3].  We will proceed on the basis that the defendant does not wish to put in a statement of objection.

4.  We have considered the plaintiff’s statement of costs.  We have two observations.

5.  First, the plaintiff’s written submission in opposition to the application for leave to appeal to the Court of Final Appeal was signed off by his solicitors.  The statement of costs also did not include any fee charged by counsel.   In these circumstances, on party-and-party basis, the plaintiff’s solicitors’ costs for communication with counsel (item C3) is to be disallowed.

6.  Second, the defendant’s application is a short and simple application.  On party-and-party basis of assessment, the time spent on communication with client (item C1) should be reduced.

7.  Having regard to the above and taking a broad brush approach, we assess the plaintiff’s costs on the application to be paid by the defendant in the sum of HK$28,000.