YAU KING KAU v. ANDY TSANG

HCA 1419/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1419 OF 2009

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DECISION ON ASSESSMENT OF COSTS

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Summary Assessment

1.  On 23 April 2013, I made an Order for Costs (“the Costs Order”) in favour of the plaintiff against the defendant in respect of the costs for the hearing on 19 March 2013.  I also directed that the relevant costs be determined by way of summary assessment.

2.  The plaintiff’s solicitors have since submitted a Statement of Costs for Summary Assessment (“the Statement”), but the defendant has failed to make any submission in opposition to the Statement within the time allowed for him to do so.

Determination

3.  As the costs under the Costs Order are to be assessed on a party and party basis, pursuant to Order 62, rule 28(2) of the Rules of High Court, only costs that are necessary or proper for the attainment of justice or for enforcing or defending the taxing party’s rights are allowed.

4.  I have reviewed the Statement submitted by the plaintiff.  I accept the hourly rate ($4,000 per hour) of the fee earner, who is a solicitor admitted in July 1997.

5.  However, I do not consider that items B1, B2, C1 and D2 are necessary or proper items of costs referable to the hearing of 19 March 2013.  The costs incurred for photocopying (items B1 and B2) and perusing the closing submissions (item D2) were costs incurred for the action in general, and not specifically for the hearing that was aborted, and these costs would still have to be incurred even if there was no hearing held on 19 March 2013.  Nor do I consider that the attendance on client (item C1) a necessary item for the hearing.

6.  Other than these items, I consider that the rest of the items set out in the Statement are necessary and proper for the attainment of justice and for enforcing the plaintiff’s rights, and I would allow them.

Order

7.  Accordingly I order that the defendant shall pay to the plaintiff forthwith the sum of HK$24,100, being the costs of the items set out in the Statement excepting items B1, B2, C1 and D2.