ONPRESS HOLDINGS LTD AND OTHERS v. STEPHENSON HARWOOD

ONPRESS HOLDINGS LTD AND OTHERS v. STEPHENSON HARWOOD

Clause 3.9 applies to an abortion of the PLUS Admission whenever it occurs; the abort fee is the lower of actual time costs and 85% of the Fee Cap, therefore defendant's fees are limited to HK$850,000 on abortion. All five bills relate to the same single piece of work and must be taxed together under s67 LPO; related proceedings (HCA233/2010 and Order 14) are stayed pending taxation.

Citation
ONPRESS HOLDINGS LTD AND OTHERS v. STEPHENSON HARWOOD
Parties
1st Plaintiff (hcmp650/2010) / 1st Defendant (hca233/2010): Onpress Holdings Limited; 2nd Plaintiff (hcmp650/2010) / 2nd Defendant (hca233/2010): Onpress International Limited; 3rd Plaintiff (hcmp650/2010) / 3rd Defendant (hca233/2010): Onpress Printed Circuits Limited; Defendant (hcmp650/2010) / Plaintiff (hca233/2010): Stephenson Harwood
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 October 2010
Case Number
HCMP650/2010
Procedural Posture
Fee Dispute Arising From Solicitor Retainer; Originating Summons (hcmp650/2010) and Writ/summary Judgment Proceedings (hca233/2010) / Judgment on Originating Summons; Orders for Taxation and Stay of Related Action
Outcome
Declaration for plaintiffs on construction of clause 3.9; order for taxation of all five bills as one bill; stay of HCA233/2010 and Order 14 proceedings pending taxation; costs to plaintiffs (costs order nisi).
Legal Topics
Construction of Retainer/fee Agreement, Solicitors' Bill Taxation (s67 Lpo), Fee Cap/abort Fee, Contra Proferentem, Stay Pending Taxation
Source Language
EN
Contract Civil Procedure Legal Profession Construction of Retainer/fee Agreement Solicitors' Bill Taxation (s67 Lpo) Fee Cap/abort Fee Contra Proferentem Stay Pending Taxation

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Parties

Onpress Holdings Limited

1st Plaintiff (hcmp650/2010) / 1st Defendant (hca233/2010)

Onpress International Limited

2nd Plaintiff (hcmp650/2010) / 2nd Defendant (hca233/2010)

Onpress Printed Circuits Limited

3rd Plaintiff (hcmp650/2010) / 3rd Defendant (hca233/2010)

Stephenson Harwood

Defendant (hcmp650/2010) / Plaintiff (hca233/2010)

Procedural Posture

Fee Dispute Arising From Solicitor Retainer; Originating Summons (hcmp650/2010) and Writ/summary Judgment Proceedings (hca233/2010) / Judgment on Originating Summons; Orders for Taxation and Stay of Related Action

Legal Issues

  1. 1 Whether clause 3.9 of the engagement letter limits the defendant's fees to 85% of the Fee Cap (HK$850,000) upon abortion of the PLUS Admission irrespective of time of termination
  2. 2 Whether five separate monthly bills should be treated as one single bill for taxation under section 67 of the Legal Practitioners Ordinance
  3. 3 Whether HCA233/2010 and the defendant's Order 14 application should be stayed pending taxation

Ratio Decidendi

Clause 3.9 applies to an abortion of the PLUS Admission whenever it occurs; the abort fee is the lower of actual time costs and 85% of the Fee Cap, therefore defendant's fees are limited to HK$850,000 on abortion. All five bills relate to the same single piece of work and must be taxed together under s67 LPO; related proceedings (HCA233/2010 and Order 14) are stayed pending taxation.

Court Disposition

Declaration for plaintiffs on construction of clause 3.9; order for taxation of all five bills as one bill; stay of HCA233/2010 and Order 14 proceedings pending taxation; costs to plaintiffs (costs order nisi).

Orders

  • Declaration that clause 3.9 limits fees chargeable by the defendant to HK$850,000 whenever the PLUS Admission is terminated
  • Order for taxation of solicitors' bills Nos 74181, 74366, 74545, 74884 and 76233 delivered by the defendant to the plaintiffs