LAU YUE KUI AND OTHERS v. PHILIP CHAN & CO (A FIRM)

LAU YUE KUI AND OTHERS v. PHILIP CHAN & CO (A FIRM)

P2-6 have sufficient interest to remain parties and to seek taxation of the bills: the Consent Order and R's undertaking contemplated taxation; s.68(2) permits persons with an interest in the property to apply and that interest need not be immediate beneficial ownership; joinder powers and issue estoppel further...

Source-derived case information.

Citation
LAU YUE KUI AND OTHERS v. PHILIP CHAN & CO (A FIRM)
Parties
1st Plaintiff (administrator of the Estate of LAU WAI CHAU Deceased): LAU YUE KUI (劉汝蘧); 2nd Plaintiff: The estate of LAU LEUNG CHAU (劉良騶); 3rd Plaintiff (administrator of the Estate of LAU LEUNG KWAI Deceased): MA WAH YAN; 4th Plaintiff: LAU YUE CHIU; 5th Plaintiff: The estate of LAU LEUNG KUI (劉良駒); 6th Plaintiff: LAU LEUNG WA (劉良騧); Respondent (solicitors): Philip Chan & Co.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 February 2013
Case Number
HCMP593/2007
Procedural Posture
Miscellaneous Proceedings (originating Summons for Taxation of Bills) / Appeal From Master's Decision; Judgment on Appeal Allowing Parties to Remain and Taxation Rights Preserved
Outcome
Appeal allowed; Master's decision striking out P2-6 set aside; P2-6 to remain parties and entitled to participate in taxation proceedings
Legal Topics
Taxation of Costs, Joinder of Parties, Interest Under S.68(2) Legal Practitioners Ordinance, Consent Orders and Undertakings, Issue Estoppel
Source Language
en
Civil Procedure Probate and Estates Trusts Legal Profession and Solicitors' Costs Taxation of Costs Joinder of Parties Interest Under S.68(2) Legal Practitioners Ordinance Consent Orders and Undertakings +1 more

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Parties

LAU YUE KUI (劉汝蘧)

1st Plaintiff (administrator of the Estate of LAU WAI CHAU Deceased)

The estate of LAU LEUNG CHAU (劉良騶)

2nd Plaintiff

MA WAH YAN

3rd Plaintiff (administrator of the Estate of LAU LEUNG KWAI Deceased)

LAU YUE CHIU

4th Plaintiff

The estate of LAU LEUNG KUI (劉良駒)

5th Plaintiff

LAU LEUNG WA (劉良騧)

6th Plaintiff

Philip Chan & Co.

Respondent (solicitors)

Procedural Posture

Miscellaneous Proceedings (originating Summons for Taxation of Bills) / Appeal From Master's Decision; Judgment on Appeal Allowing Parties to Remain and Taxation Rights Preserved

Legal Issues

  1. 1 Whether P2 to P6 have sufficient interest to be parties and entitled to participate in taxation of the bills
  2. 2 Whether the Consent Order and undertakings bind R and permit P2-6 to enforce taxation
  3. 3 Whether s.68(2) LPO permits beneficiaries with non-beneficial or contingent interests to apply for taxation

Ratio Decidendi

P2-6 have sufficient interest to remain parties and to seek taxation of the bills: the Consent Order and R's undertaking contemplated taxation; s.68(2) permits persons with an interest in the property to apply and that interest need not be immediate beneficial ownership; joinder powers and issue estoppel further support P2-6's entitlement. A subsequent agreement between P1 and R that costs will be met from Part 9 and partial settlement between them does not lawfully deprive P2-6 of the right to participate in taxation, so the Master's strike-out was set aside and orders in the Notice of Appeal granted.

Court Disposition

Appeal allowed; Master's decision striking out P2-6 set aside; P2-6 to remain parties and entitled to participate in taxation proceedings

Orders

  • Appeal allowed; the orders and directions sought in paragraphs 1 to 5 of the Notice of Appeal are granted