CHAN HUNG KIT v. TUNG LAI SHAN

HCCA 4712/2020

[2023] HKCFI 456

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CAVEAT NO 4712 OF 2020

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DECISION ON COSTS

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1.  I refer to my decision handed down on 1 February 2023[1] and the costs order made therein.

2.  I have now considered the Statement of Costs since filed by the PW, the List of Objections by the Caveator, and the Reply by the PW.

3.  If all the objections made by the Caveator were upheld, the net costs would only be HK$42,950.  That amount is in my view entirely unrealistic.

4.  On the other hand, I accept the objections that part of the costs incurred on the Summons can be re-used despite leave having been granted to the Caveator to rely on the affirmation of Cheng Ka Wai.  The conduct of PW’s case would not be fundamentally changed thereby.

5.  Specifically in respect of counsel fees, the brief for the Summons would not all be wasted, which I assess for this exercise at HK$100,000.  In relation to counsel fee for the Aff Summons, HK$60,000 is in my view too high, given the fact that counsel was otherwise familiar with the facts of the case.  I assess counsel fee for the Aff Summons at HK$25,000.

6.  Taking a broad-brush approach, I summarily assess the total costs at HK$280,000.