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Miscellaneous Proceedings2017

UBIQUITI NETWORKS INTERNATIONAL LTD v. CHAN KIM CHUEN formerly t/a SAN CHUN TECHNOLOGY CO AND ANOTHER

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  • HCA1606/2016UBIQUITI NETWORKS INTERNATIONAL LTD v. CHAN KIM CHUEN formerly t/a SAN CHUN TECHNOLOGY CO AND ANOTHER
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112006-EN-2017-10-30

UBIQUITI NETWORKS INTERNATIONAL LTD v. CHAN KIM CHUEN formerly t/a SAN CHUN TECHNOLOGY CO AND ANOTHER

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CAMP 3/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 3 OF 2017

(ON AN INTENDED APPEAL FROM HCA NO 1606 OF 2016)

____________

BETWEEN

 UBIQUITI NETWORKS INTERNATIONAL LIMITEDPlaintiff

and

 CHAN KIM CHUEN formerly trading as SAN CHUN TECHNOLOGY CO.1st Defendant
 CHAN MAN YI trading as XIN TONG LOGISTICS SERVICE CO.2nd Defendant

____________

Before: Hon Lam VP and Poon JA
Date of Written Submission : 4 September 2017
Date of Decision on Costs : 30 October 2017

____________________________

DECISION ON COSTS

____________________________

Hon Poon JA (giving the Judgment of the Court) :

1.  Having considered the plaintiff’s statement of costs and the defendants’ list of objection :

(1)  We allow the costs of manual work of HK$1,458.00 in full.

(2)  We allow solicitors’ profit costs at HK$30,000.00.

(3)  On counsel’s fees :

(a) It is unreasonable to engage two counsel.  We would only allow the engagement of senior counsel.

(b) Generally speaking, preparation of skeleton should form part and parcel of counsel’s brief for the hearing before the court.  Thus it is not justified to charge the preparation of skeleton as a separate item.  In the present context, the skeleton was prepared for paper disposal of the leave application.  Costs for engaging counsel to do the preparation would have been incurred at that stage.  When counsel was subsequently briefed for the oral hearing, counsel’s brief should properly take into account the fact that skeleton had already been prepared and make the necessary reduction accordingly.

(c) In any event, senior counsel’s brief for appearing before us was excessive.

(d) Taking the matter in the round, we only allow counsel’s fees at HK$130,000.00.

2.  For the above reasons, we summarily assess the plaintiff’s costs at HK$161,458.00.

(Johnson Lam)   (Jeremy Poon)
Vice President  Justice of Appeal

  

Written submission by Cheung, Chan & Chung, for the 1st & 2nd Defendants

No written submission from DLA Piper Hong Kong, for the Plaintiff