EVERICH CONSTRUCTION & ENGINEERING LTD v. NG BIK WAY

HCMP 987/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 987 of 2009

(On An Intended Appeal from DCCJ No. 2579 of 2008)

___________________________

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

DECISION

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

Hon Yuen JA (giving the decision of the Court):

1.  On 14 August 2009 we gave a decision refusing the Defendant leave to appeal.  That decision was given after we had perused the papers as well as the parties’ respective written submissions. 

2.  The Plaintiff asked for costs against the Defendant.  We gave directions that the Plaintiff provide a gross sum estimate and that the Defendant provide a reply within 7 days thereafter.

3.  The Plaintiff has provided a bill for $52,000.  The Defendant’s reply indicated an amount between $7,000 and $10,208 depending on whether the court was minded to grant counsel’s fees.

4.  We found the written submissions of the Plaintiff’s counsel particularly helpful in this case.  Having considered the circumstances, we would assess the Plaintiff’s costs at $30,000 made up of counsel’s fees of $20,000 and solicitors’ costs of $10,000.  We order that the Defendant pay costs of $30,000 to the Plaintiff.