IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 2399 OF 2004
Before: Hon Kwan J in Chambers
Date of Written Submissions: 3 July 2007
Date of Handing Down of Decision: 6 July 2007
D E C I S I O N
1. This is a summons issued by the petitioner on 22 June 2007, to vary the order nisi for costs in the judgment I handed down on 14 June 2007, to the effect that there be a certificate for two counsel.
2. The 1st and 2nd respondents indicated through their solicitors they would adopt and maintain a neutral stance to this application and have askedto be excused from the hearing. I therefore dispensed with a hearing and considered the application on the basis of the writtensubmission of the petitioner’s counsel. The respondents have not made any written submission.
3. I agree with the petitioner’s counsel that the case amply justified engaging two counsel, in view of the heavy documentation involved,the overlapping of facts which related to four companies, the range of relief sought in the petition, the expert evidence on documentexamination and on accounting, and new issues which continued to be raised by the respondents requiring counsel’s considerationat a very late stage in the preparation for trial. I note also that the 1st and 2nd respondents were likewise represented by two counsel at the trial.
4. I hold that it is necessary and proper for the petitioner to engage two counsel. I vary the order nisi on 14 June 2007 to provide for a certificate for two counsel. I award the costs of this application to the petitioner as part ofher costs of the petition.
Miss Theresa Low, instructed by Messrs J Chan, Yip, So & Partners, for the Petitioner
Messrs Howell & Co, for the 1st and 2nd Respondents