HALLER AG AND ANOTHER v. VESTEY INTERNATIONAL GROUP LTD AND ANOTHER

CAMP 85/2022 & CACV 454/2022
(Heard together)

[2023] HKCA 274

CAMP 85/2022

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 85 OF 2022

(ON AN INTENDED APPEAL FROM HCA NO 2988 OF 2018)

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CACV 454/2022

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 454 OF 2022

(ON APPEAL FROM HCA NO 2988 OF 2018)

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(Heard together)

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DECISION ON SUMMARY ASSESSMENT OF COSTS

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Hon G Lam JA (giving the Decision on Summary Assessment of Costs of the Court):

1.  In our judgment on the appeal handed down on 21 November 2022 ([2022] HKCA 1743), we made an order nisi that the plaintiffs are to pay two-thirds of the 2^nd defendant’s costs both here and below, with a certificate for two counsel. It was subsequently directed, by consent, that the 2^nd defendant’s costs in this court (i.e. in relation to CAMP 85/2022 and CACV 454/2022) be summarily assessed by this court. This is our decision on the assessment.

2.  The relevant items of costs for present purposes are set out in Part 3 of the 2^nd defendant’s statement of costs, with a total amount of $922,783 (before applying the proportion of two-thirds). There is some force in the plaintiffs’ objection that part of the work for the application to this court for leave to appeal would have been done in the application to the court below for leave to appeal, the costs of which are included in Part 2 of the statement of costs.

3.  Having reviewed all relevant materials, we assess the total amount of Part 3 in the sum of $600,000. Two-thirds of that will be $400,000.