TANG KOON MUI AND ANOTHER v. TANG TAK LUK

HCA 190/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 190 OF 2007

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BETWEEN
TANG KOON MUI 1st Plaintiff
TANG KOON MUI, the personal representative of the estate of TANG KOK alias TANG KWOK, deceased 2nd Plaintiff
And
TANG TAK LUK Defendant

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AND

HCA 191/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 191 OF 2007

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BETWEEN
TANG KOON MUI, the personal representative of the estate of TANG KOK alias TANG KWOK, deceased Plaintiff
And
TANG TAK LUK Defendant

———————-

Before: Hon Chung J in Chambers

Date of Hearing: 11 November 2009

Date of Last Written Submissions: 23 December 2009

Date of Handing Down Decision on Costs: 19 January 2010

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DECISION ON COSTS

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1. By consent of the parties, it was ordered on 11 November 2009 (among other things) that:-

(a) “the costs of the Plaintiffs [in HCA 190/2007] (to be taxed if not agreed) be first paid out from the Deceased’s estate andbe deducted from the Defendant’s share under the estate”;

(b) “the costs of [HCA 191/2007] be to the Plaintiff against the Defendant personally.”

2. The parties disagreed as regards the basis of taxation. I directed that written submissions be lodged. Further, I also directedthat those costs be assessed summarily.

3. On 9 December 2009, the plaintiffs lodged their written submissions and statements of costs. The defendant has not lodged any documentin response.

4. Having perused the documents referred to in para. 3 above:-

(1) the costs referred to in para. 1 above should be taxed on indemnity basis;

(2) the quantum of costs in HCA 190/2007 is assessed at $109,366.67 ($84,673.67 + 24,693);

(3) the quantum of costs in HCA 191/2007 is assessed at $109,343.67 ($84,650.67 + 24,693).

(Andrew Chung)
Judge of the Court of First Instance
High Court

Ms Elaine Lui, instructed by Messrs ONC Lawyers, for the Plaintiffs

Mr Lau Yue Sum of Messrs Y S Lau & Partners, for the Defendant