STEPHENSON HARWOOD (A FIRM) v. FANG ANKONG aka FANG AN KONG

STEPHENSON HARWOOD (A FIRM) v. FANG ANKONG aka FANG AN KONG

The court ordered that deponents must attend the Trial for cross-examination and that an absent deponent’s affirmation will be excluded; the Writ Action (including filing of a defence) is stayed pending judgment on the preliminary issue; a one‑day Trial was set with liberty to the defendants to seek more time after filing reply affirmations and list of issues by 25 May 2023. The orders were made because the preliminary issue is final and binding and fairness requires opportunity for oral explanation, balanced against considerations of delay and cost.

Citation
[2023] HKCFI 1230
Parties
Plaintiff in HCA 191/2023; Defendant in HCMP 1614/2022: Stephenson Harwood (A Firm); Defendant in HCA 191/2023: Fang Ankong (方安空); Plaintiff in HCMP 1614/2022: HWH Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 May 2023
Case Number
HCA191/2023
Procedural Posture
Civil (fee Dispute; Taxation Application) / Directions Hearing and Preliminary Issues Trial Scheduled (trial of Preliminary Issue)
Outcome
Court granted directions: ordered cross-examination attendance, stayed writ action and stayed filing of defence pending judgment on the preliminary issue, set one-day trial with liberty to request more time.
Legal Topics
Liability for Legal Fees, Taxation of Costs, Cross Examination on Affidavit, Stay of Proceedings, Preliminary Issues Trial
Source Language
EN
Civil Procedure Contract Law Legal Profession and Costs Company Law Liability for Legal Fees Taxation of Costs Cross Examination on Affidavit Stay of Proceedings +1 more

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Parties

Stephenson Harwood (A Firm)

Plaintiff in HCA 191/2023; Defendant in HCMP 1614/2022

Fang Ankong (方安空)

Defendant in HCA 191/2023

HWH Holdings Limited

Plaintiff in HCMP 1614/2022

Procedural Posture

Civil (fee Dispute; Taxation Application) / Directions Hearing and Preliminary Issues Trial Scheduled (trial of Preliminary Issue)

Legal Issues

  1. 1 Whether Mr Fang and HWH Holdings Ltd are jointly and severally liable or Mr Fang personally liable for Stephenson Harwood’s bills
  2. 2 Whether cross-examination of deponents should be ordered for the Trial or absent affirmations excluded
  3. 3 Whether the Writ Action should be stayed beyond judgment in the Trial and whether a defence should be filed now

Ratio Decidendi

The court ordered that deponents must attend the Trial for cross-examination and that an absent deponent’s affirmation will be excluded; the Writ Action (including filing of a defence) is stayed pending judgment on the preliminary issue; a one‑day Trial was set with liberty to the defendants to seek more time after filing reply affirmations and list of issues by 25 May 2023. The orders were made because the preliminary issue is final and binding and fairness requires opportunity for oral explanation, balanced against considerations of delay and cost.

Court Disposition

Court granted directions: ordered cross-examination attendance, stayed writ action and stayed filing of defence pending judgment on the preliminary issue, set one-day trial with liberty to request more time.

Orders

  • Deponents to attend the Trial for the purpose of cross-examination; failing which the absent deponent’s affirmation shall be excluded from the evidence.
  • The Writ Action (including the filing of a defence) is stayed pending judgment in the Trial of the preliminary issue.