SUEN KWAI KAM v. ZHONG HUA INTERNATIONAL HOLDINGS LTD AND OTHERS

HCA 1691/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

HIGH COURT ACTION NO 1691 OF 2005

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BETWEEN
SUEN KWAI KAM Plaintiff
and
ZHONG HUA INTERNATIONAL HOLDINGS LIMITED 1st Defendant
CHINA LAND REALTY INVESTMENT (BVI) LIMITED 2nd Defendant
HO TSAM HUNG 3rd Defendant
CARRIE BERNADETTE HO 4th Defendant
YAM KA YIN REBECCA 5th Defendant
CHUN WAI YIN ALEX 6th Defendant

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Coram: Mr. Registrar K.W. Lung in Chambers

Dates of Filing of Written Submissions: Defendant’s submission filed on 9 April 2013 and
Plaintiff’s submission filed on 16 April 2013
Date of Decision: 24 June 2013

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DECISION ON COSTS

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1. This decision follows from my decision made on 27 March 2013 wherein I made an order nisi that the costs of the summons of the defendantdated 6 February 2013 and the costs of the plaintiff’s summons dated 8 February 2013, including the costs reserved and the hearing(with certificate for counsel) be to the defendants, to be assessed under Order 62 rule 9A RHC by the defendants’ filing and servinga schedule of costs on the plaintiff within 7 days from the date of the order and the plaintiff’s filing and serving the objectionswithin 7 days thereafter. The assessment is to be dealt with on paper without parties’ attendance.

2. Respective parties’ schedules of costs have been received.

3. The defendants’ costs amount to $236,933. The plaintiff opposes, arguing that the costs should be cut down to $99,350.

4. I shall adopt the broad-brush approach as I did in Silver Hope Limited v Chan Kwai Wah Alice HCMP82/2012.

5. The costs I assess for this application, including the costs reserved and counsel’s fees is $140,000, to be paid by the plaintiffto the defendants within 14 days from the date of this Decision.

(K.W. Lung)
Registrar, High Court

Henry Fok & Co., for the plaintiff

Hastings & Co., for the 1st to 6th defendants