ANN AN WEI LIANG AND ANOTHER v. WONG JUNLAN SUKI AND OTHERS

ANN AN WEI LIANG AND ANOTHER v. WONG JUNLAN SUKI AND OTHERS

The 2nd affidavit was not compliant with the injunction order’s schedule 2 requirements and was prepared/affirmed inappropriately by a paralegal on behalf of the firm’s client; accordingly the solicitors’ firm is personally liable for the costs of preparing, filing and serving that affidavit, including the costs of the hearing, subject to a 10‑minute reservation on costs relating to service issues.

Citation
[2022] HKCFI 844
Parties
1st Plaintiff: ANN AN WEI LIANG; 2nd Plaintiff: W & A CONSULTING INC; 1st Defendant: WONG JUNLAN SUKI; 2nd Defendant: LEE TIN LOK; 3rd Defendant: CHEUNG WING PAN; 4th Defendant: CHOR WING KEI; 5th Defendant: FIONA SAU KIT LAM; 6th Defendant: WONG YUI WAI; 7th Defendant: LAM WAI LUN DEVIL; 8th Defendant: CHAN SIU HUNG; 9th Defendant: CHAN HOI TIK HEMAN; 10th Defendant: WONG MAN YI; 11th Defendant: PENG WENZU; 12th Defendant: NG TING LOK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2022
Case Number
HCA1842/2021
Procedural Posture
Civil Action Interim Injunction / In Chambers Decision on Affidavit Compliance and Costs
Outcome
Order made that the solicitors’ firm be personally liable for costs related to the non‑compliant 2nd affidavit; hearing costs included subject to 10 minutes reserved.
Legal Topics
Affidavit Compliance, Paralegal Affirmation, Solicitor Liability for Costs, Costs Reservation, Service of Process
Source Language
EN
Civil Procedure Costs Injunction Evidence Solicitor Professional Conduct Affidavit Compliance Paralegal Affirmation Solicitor Liability for Costs +2 more

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Parties

ANN AN WEI LIANG

1st Plaintiff

W & A CONSULTING INC

2nd Plaintiff

WONG JUNLAN SUKI

1st Defendant

LEE TIN LOK

2nd Defendant

CHEUNG WING PAN

3rd Defendant

CHOR WING KEI

4th Defendant

FIONA SAU KIT LAM

5th Defendant

WONG YUI WAI

6th Defendant

LAM WAI LUN DEVIL

7th Defendant

CHAN SIU HUNG

8th Defendant

CHAN HOI TIK HEMAN

9th Defendant

WONG MAN YI

10th Defendant

PENG WENZU

11th Defendant

NG TING LOK

12th Defendant

Procedural Posture

Civil Action Interim Injunction / In Chambers Decision on Affidavit Compliance and Costs

Legal Issues

  1. 1 Whether the 2nd affidavit complied with paragraph 2 of schedule 2 to the injunction order
  2. 2 Whether a paralegal may affirm the financial position of the firm’s own client in place of the client
  3. 3 Whether the solicitors’ firm should be personally liable for costs related to the defective affidavit and the hearing

Ratio Decidendi

The 2nd affidavit was not compliant with the injunction order’s schedule 2 requirements and was prepared/affirmed inappropriately by a paralegal on behalf of the firm’s client; accordingly the solicitors’ firm is personally liable for the costs of preparing, filing and serving that affidavit, including the costs of the hearing, subject to a 10‑minute reservation on costs relating to service issues.

Court Disposition

Order made that the solicitors’ firm be personally liable for costs related to the non‑compliant 2nd affidavit; hearing costs included subject to 10 minutes reserved.

Orders

  • The firm of solicitors to be personally liable for the costs of and incidental to the preparation, filing and service of the 2nd affidavit of Li Lok Hin Daniel.
  • Such costs to include the costs of the hearing on 14 January 2022, less 10 minutes reserved relating to service of the amended writ on D6 to D10 and D12 and to the continuation of the injunction in the meantime.