CHAN BOON NING JOHN v. OLDHAM, LI & NIE, SOLICITORS

CHAN BOON NING JOHN v. OLDHAM, LI & NIE, SOLICITORS

Items not included in the original ten gross sum bills could not be introduced via the subsequent itemised bill and must be excised; the itemised bill may assist taxation but cannot amend or expand the original bills absent consent or court order.

Citation
CHAN BOON NING JOHN v. OLDHAM, LI & NIE, SOLICITORS
Parties
Plaintiff (paying Party): CHAN BOON NING JOHN; Defendant (receiving Party): OLDHAM, LI & NIE, SOLICITORS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2008
Case Number
HCMP2166/2005
Procedural Posture
Taxation of Costs Under Legal Practitioners Ordinance (cap.159 S.67(2)) / Ruling on Preliminary Issue in Taxation Proceedings
Outcome
Items not included in the original bills excised; plaintiff awarded costs of the two preliminary issues with certificate for counsel, taxed if not agreed.
Legal Topics
Itemised Bill, Amendment of Gross Sum Bill, Breakdown to Assist Taxation, Solicitor Bound by Delivered Bill
Source Language
EN
Costs and Taxation Civil Procedure Solicitors' Bill Disputes Itemised Bill Amendment of Gross Sum Bill Breakdown to Assist Taxation Solicitor Bound by Delivered Bill

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Parties

CHAN BOON NING JOHN

Plaintiff (paying Party)

OLDHAM, LI & NIE, SOLICITORS

Defendant (receiving Party)

Procedural Posture

Taxation of Costs Under Legal Practitioners Ordinance (cap.159 S.67(2)) / Ruling on Preliminary Issue in Taxation Proceedings

Legal Issues

  1. 1 Whether an itemised bill may include items not shown in the original gross sum bills
  2. 2 Whether such additional items may be considered in taxation or must be excised
  3. 3 Whether a solicitor is bound by the original bill and cannot increase or amend it without court order or consent

Ratio Decidendi

Items not included in the original ten gross sum bills could not be introduced via the subsequent itemised bill and must be excised; the itemised bill may assist taxation but cannot amend or expand the original bills absent consent or court order.

Court Disposition

Items not included in the original bills excised; plaintiff awarded costs of the two preliminary issues with certificate for counsel, taxed if not agreed.

Orders

  • Excise items in the itemised bill that were not included in the original ten gross sum bills
  • Plaintiff to have costs of the two preliminary issues, with certificate for counsel, to be taxed if not agreed