PM-INTERNATIONAL AG AND ANOTHER v. TOTAL SWISS (HONG KONG) LTD AND ANOTHER

HCA 259/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 259 OF 2010

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BETWEEN

PM-INTERNATIONAL AG 1st Plaintiff
PM-INTERNATIONAL (HK) LIMITED 2nd Plaintiff
and
TOTAL SWISS (HONG KONG) LIMITED
(formerly Everich Wellness Limited)
1st Defendant
WANG WEN CHIN 2nd Defendant

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Before : Hon Sakhrani J in Chambers

Date of Hearing : 30 April 2010

Date of Summary Assessment of Costs : 30 April 2010

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SUMMARY ASSESSMENT OF COSTS

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1. On 15 April 2010 I ordered that the costs of the action including the costs of and occasioned by the application by summons dated9 April 2010 be costs to the plaintiff to be paid by the 1st defendant and that such costs are to be summarily assessed. This is the summary assessment of those costs.

2. I have considered the plaintiffs’ 2nd Statement of Costs which has been served on the 1st defendant. I have also considered the skeleton submissions which have also been served on the 1st defendant.

3. The summary assessment of costs is to be conducted on a broad-brush basis. It is not a mini taxation of costs.

4. It seems to me that there are certain items where, in my view, excessive time has been spent. These are in respect of items C1,D1 and D4. It also seems to me that the fees of counsel and the time spent on drafting under item E are also excessive.

5. Adopting a broad-brush approach I will reduce the total sum claimed in the 2nd Statement of Costs from the sum of $374,226 to the sum of $280,000. So the costs that I have assessed summarily is the sum of $280,000which sum is to be paid by the 1st defendant to the plaintiffs within 14 days from today.

(Arjan H. Sakhrani)
Judge of the Court of First Instance,
High Court

Ms Viola Jing of Messrs Stephenson Harwood, Solicitors for the Plaintiffs

1st Defendant, absent