IP PUI LAM ARTHUR AND ANOTHER v. F. ZIMMERN & CO AND ANOTHER

IP PUI LAM ARTHUR AND ANOTHER v. F. ZIMMERN & CO AND ANOTHER

Leave to appeal was refused because the proposed appeal had no realistic prospects of success and was disproportionate; JLC unjustifiably maintained privilege claims over client-identifying information until the last moment, the contested s29 application attracts the costs-follow-the-event approach, an issue-based costs order was inappropriate given JLC's lack of substantial success, and procedural economy warranted refusal of leave; consequentially JLC was ordered to pay the Trustees' costs of the leave application assessed at HK$21,000 (nisi).

Citation
IP PUI LAM ARTHUR AND ANOTHER v. F. ZIMMERN & CO AND ANOTHER
Parties
Applicants (joint and Several Trustees in Bankruptcy): IP Pui Lam Arthur and IP Pui Sum; 1st Respondent: F. Zimmern & Co; 2nd Respondent (intended Appellant): Joseph Li & Co
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 2014
Case Number
HCMP995/2014
Procedural Posture
Miscellaneous Proceedings (hcmp 995/2014) — Application for Leave to Appeal to Court of Appeal / Application for Leave to Appeal
Outcome
Leave to appeal refused; application for reconsideration at an oral hearing disallowed; costs ordered against JLC
Legal Topics
Bankruptcy Ordinance Section 29, Legal Professional Privilege, Costs Follow the Event, Issue Based Costs, Proportionality in Appeals, Leave to Appeal
Source Language
EN
Bankruptcy Civil Procedure Costs Legal Professional Privilege Appeals Bankruptcy Ordinance Section 29 Costs Follow the Event Issue Based Costs +2 more

Case Brief

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Parties

IP Pui Lam Arthur and IP Pui Sum

Applicants (joint and Several Trustees in Bankruptcy)

F. Zimmern & Co

1st Respondent

Joseph Li & Co

2nd Respondent (intended Appellant)

Procedural Posture

Miscellaneous Proceedings (hcmp 995/2014) — Application for Leave to Appeal to Court of Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the costs order made by Ng J
  2. 2 Whether costs should follow the event in contested applications under section 29 of the Bankruptcy Ordinance
  3. 3 Whether the redacted material (client names, addresses, action numbers) was subject to legal professional privilege

Ratio Decidendi

Leave to appeal was refused because the proposed appeal had no realistic prospects of success and was disproportionate; JLC unjustifiably maintained privilege claims over client-identifying information until the last moment, the contested s29 application attracts the costs-follow-the-event approach, an issue-based costs order was inappropriate given JLC's lack of substantial success, and procedural economy warranted refusal of leave; consequentially JLC was ordered to pay the Trustees' costs of the leave application assessed at HK$21,000 (nisi).

Court Disposition

Leave to appeal refused; application for reconsideration at an oral hearing disallowed; costs ordered against JLC

Orders

  • Leave to appeal refused
  • Direction pursuant to RHC Order 59 rule 2A(8) that no party may request reconsideration at an oral hearing