DAVID KONG v. PINE GROWTH MANUFACTURING CO LTD AND OTHERS

DAVID KONG v. PINE GROWTH MANUFACTURING CO LTD AND OTHERS

The Master refused to alter his taxation: he concluded the partner's and junior solicitor's hourly rates were justified by experience and complexity, counsel involvement met the necessary or proper test and was not shown to be excessive, and the challenged research items had been correctly assessed on a global basis; therefore the review of taxation was dismissed and original taxation allowances stood.

Citation
DAVID KONG v. PINE GROWTH MANUFACTURING CO LTD AND OTHERS
Parties
Applicant/petitioner: Pine Development Limited; 2nd Respondent: Dong Fung Holdings Limited; 3rd Respondent: Chan Kin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 February 2008
Case Number
HCCW321/2006
Procedural Posture
Companies Winding Up Proceedings / Review of Taxation (post Substantive Taxation)
Outcome
Review dismissed; original taxation rulings upheld
Legal Topics
Winding Up, Taxation of Costs, Hourly Rates for Solicitors, Counsel Fees, Just and Equitable Ground
Source Language
EN
Company Law Civil Procedure Costs and Taxation Winding Up Taxation of Costs Hourly Rates for Solicitors Counsel Fees Just and Equitable Ground

Case Brief

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Parties

Pine Development Limited

Applicant/petitioner

Dong Fung Holdings Limited

2nd Respondent

Chan Kin

3rd Respondent

Procedural Posture

Companies Winding Up Proceedings / Review of Taxation (post Substantive Taxation)

Legal Issues

  1. 1 Whether the Master should vary his taxation decision
  2. 2 Proper hourly rates for solicitors in taxation
  3. 3 Whether counsel fees were necessary and reasonable

Ratio Decidendi

The Master refused to alter his taxation: he concluded the partner's and junior solicitor's hourly rates were justified by experience and complexity, counsel involvement met the necessary or proper test and was not shown to be excessive, and the challenged research items had been correctly assessed on a global basis; therefore the review of taxation was dismissed and original taxation allowances stood.

Court Disposition

Review dismissed; original taxation rulings upheld

Orders

  • The review of taxation is dismissed.
  • 2nd and 3rd Respondents shall bear the costs of the Applicant in the two reviews of taxation, to be summarily assessed by the Master with 30 minutes reserved, failing agreement within 21 days from the date hereof.