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

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

On the balance of probabilities the court found that SH began providing advice to both HWH and Fang from 24 August 2015, the 14 December 2015 letter and standard Terms of Business were sent and received by Fang, the parties' conduct (including payment history, lack of objections and joint applications such as security for costs) was unequivocally referable to a joint retainer, and therefore Fang and HWH are jointly and severally liable for the SH bills listed.

Citation
[2023] HKCFI 3312
Parties
Plaintiff (hca 191/2023); Defendant (hcmp 1614/2022): Stephenson Harwood (a firm); Defendant (hca 191/2023); 2nd Plaintiff (hcmp 1614/2022): Fang Ankong; 1st Plaintiff (hcmp 1614/2022): HWH Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 December 2023
Case Number
HCA191/2023
Procedural Posture
Civil Proceedings Concerning Legal Retainer, Recovery of Fees and Taxation of Bills / Preliminary Issue Trial and Judgment
Outcome
Preliminary issue determined for Stephenson Harwood; Fang Ankong and HWH Holdings Limited held jointly and severally liable for the Stephenson Harwood bills listed.
Legal Topics
Agreement Implied by Conduct, Joint and Several Liability, Terms of Retainer, Taxation of Costs, Summary Assessment of Costs
Source Language
EN
Civil Procedure Legal Profession Costs and Fees Contract Law Agreement Implied by Conduct Joint and Several Liability Terms of Retainer Taxation of Costs +1 more

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Parties

Stephenson Harwood (a firm)

Plaintiff (hca 191/2023); Defendant (hcmp 1614/2022)

Fang Ankong

Defendant (hca 191/2023); 2nd Plaintiff (hcmp 1614/2022)

HWH Holdings Limited

1st Plaintiff (hcmp 1614/2022)

Procedural Posture

Civil Proceedings Concerning Legal Retainer, Recovery of Fees and Taxation of Bills / Preliminary Issue Trial and Judgment

Legal Issues

  1. 1 Whether an agreement to retain Stephenson Harwood was implied by conduct between SH and Fang/HWH
  2. 2 Whether the terms of the retainer were those in the 14 December 2015 letter and standard Terms of Business
  3. 3 Whether Fang is personally liable, jointly and severally with HWH, for SH's bills

Ratio Decidendi

On the balance of probabilities the court found that SH began providing advice to both HWH and Fang from 24 August 2015, the 14 December 2015 letter and standard Terms of Business were sent and received by Fang, the parties' conduct (including payment history, lack of objections and joint applications such as security for costs) was unequivocally referable to a joint retainer, and therefore Fang and HWH are jointly and severally liable for the SH bills listed.

Court Disposition

Preliminary issue determined for Stephenson Harwood; Fang Ankong and HWH Holdings Limited held jointly and severally liable for the Stephenson Harwood bills listed.

Orders

  • Costs order nisi: HWH Holdings Limited and Fang Ankong to pay Stephenson Harwood jointly and severally the costs of the trial of the preliminary issue, with certificate for Counsel, to be summarily assessed if not agreed.
  • Order nisi to be made absolute if no application to vary is made within 14 days.