WALLBANCK BROTHERS SECURITIES (HONG KONG) LTD v. EMILY TSE AND OTHERS

DCCJ 2422/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 2422 OF 2013

(TRANSFERRED FROM SMALL CLAIMS TRIBUNAL

CLAIM NO 34870 of 2012)

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BETWEEN

WALLBANCK BROTHERS SECURITIES
(HONG KONG) LIMITED
Plaintiff

and

EMILY TSE 1st Defendant
JUDITH YUEN 2nd Defendant
STEPHEN TISDALL 3rd Defendant

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Before: Deputy District Judge Mak in Chambers

Dates of written submission on costs: 4 and 10 April 2014
Date of Decision on Costs: 9 May 2014

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DECISION ON COSTS

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1. On 14 March 2014, I allowed the plaintiff’s appeal against the decision of the learned Master and made an order nisi that thedefendants should pay the plaintiff costs of the appeal.

2. For the purpose of summary assessment of costs, I directed the plaintiff to file a statement of costs within 21 days and the defendantsto file a list of objection within 7 days thereafter.

3. No application for the variation of the costs order is made. The parties having complied with the directions, I now assess thecosts of the said appeal summarily.

Hourly rate

4. Mr Chan Kin Fung, Phil (“Mr Chan”) was admitted in 1991 both in the UK and Hong Kong. His hourly rate is allowed at $2,600.

Manual Work

5. There are altogether 36 pages of documents. The plaintiff is claiming at $1 per page. The amount allowed under this item is $108.

Professional work

6. I allow 10 minutes for the preparation of the Notice of Appeal.

7. Mr Chan is a director of the plaintiff. He is also the sole proprietor of Messrs Phillips, which is the legal representative ofthe plaintiff. As such, I do not think there is any “communication with client” as claimed. Item C2 is taxed off.

8. For the preparation of plaintiff’s skeleton submissions, 1 hour is allowed.

9. The time allowed for considering the defendant’s skeleton submission is 45 minutes.

10. Legal research is allowed at 30 minutes.

Appeal hearing

11. The hearing lasted for 22 minutes, and it is so allowed.

Judgment on appeal

12. I allow 15 minutes for the perusal of the Decision on appeal.

13. I allow 8 minutes for the preparation of the order.

Conclusion and order

14. Accordingly, the plaintiff’s costs are allowed at $8,341.00.

15. By summary assessment, I order the defendants do pay the plaintiff costs of the appeal in the sum of $8,341.00, to be paid forthwith.

( Brian Mak )
Deputy District Judge

Mr Phil Chan of Phillips, for the plaintiff

Mr Brian Gilchrist of Clifford Chance, for the defendants