RE ZZH

RE ZZH

The court held that the claimed bill of HK$226,845.34 was excessive because several items were unnecessary or disproportionate to a Part II application arising from the settled actions; applying proportionality and the common fund basis the proper assessment is HK$120,000 and solicitors are bound by their undertaking not to charge the applicant beyond that amount.

Citation
[2023] HKCFI 2814
Parties
Applicant: Applicant (Part II application); Alleged Mentally Incapacitated Person: ZZH; Defendant in Common Law Action: Defendant (HCPI 980/2018)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2023
Case Number
HCMH57/2021
Procedural Posture
Part II Application Under the Mental Health Ordinance / Costs Assessment
Outcome
Assessment of costs reduced and fixed at HK$120,000; costs to be paid by the Defendant in HCPI 980/2018 on a common fund basis, to be taxed if not agreed; legal aid taxation available if necessary; solicitors given undertaking not to separately charge the Applicant beyond assessment.
Legal Topics
Part II Application, Assessment of Costs, Common Fund Basis, Legal Aid Taxation, Committee Powers, Investment Power
Source Language
EN
Mental Health Costs and Taxation Legal Aid Civil Procedure Part II Application Assessment of Costs Common Fund Basis Legal Aid Taxation +2 more

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Parties

Applicant (Part II application)

Applicant

ZZH

Alleged Mentally Incapacitated Person

Defendant (HCPI 980/2018)

Defendant in Common Law Action

Procedural Posture

Part II Application Under the Mental Health Ordinance / Costs Assessment

Legal Issues

  1. 1 Whether the claimed costs of HK$226,845.34 are reasonable in a Part II MHO application arising from settlement
  2. 2 Whether issues identified (investment power, monthly outgoings, expert fees, overseas relatives) justified the claimed costs uplift
  3. 3 Whether costs should be assessed on a common fund basis and subject to legal aid taxation

Ratio Decidendi

The court held that the claimed bill of HK$226,845.34 was excessive because several items were unnecessary or disproportionate to a Part II application arising from the settled actions; applying proportionality and the common fund basis the proper assessment is HK$120,000 and solicitors are bound by their undertaking not to charge the applicant beyond that amount.

Court Disposition

Assessment of costs reduced and fixed at HK$120,000; costs to be paid by the Defendant in HCPI 980/2018 on a common fund basis, to be taxed if not agreed; legal aid taxation available if necessary; solicitors given undertaking not to separately charge the Applicant beyond assessment.

Orders

  • Assessment of costs allowed in the sum of HK$120,000 on a common fund basis
  • Defendant in HCPI 980/2018 to pay the costs of the Part II application, to be taxed if not agreed