ERIC CHAN & CO (a firm) v. WONG KWOK WANG, WARREN

ERIC CHAN & CO (a firm) v. WONG KWOK WANG, WARREN

The master applied the statutory assessment regime (O 37 r 1 RDC), concluded the Plaintiff failed to show a reasonable prospect of success on most challenged deductions under s63A(2) District Court Ordinance, rectified a clerical slip under O 20 r 11 RDC adding HKD 2,733 back, and granted leave to appeal only on two specific items (89(C)(a)1‑3 and 89(B)(d)3); all other leave applications refused. Costs were apportioned between successful and unsuccessful items and orders nisi made absolute in 14 days absent challenge.

Citation
ERIC CHAN & CO (a firm) v. WONG KWOK WANG, WARREN
Parties
Plaintiff Solicitor/party in Person: Eric Chan & Co (Mr Eric Chan); Defendant Party in Person: Wong Kwok Wang Warren
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 April 2013
Case Number
DCCJ1155/2008
Procedural Posture
Civil Assessment/taxation of Solicitor's Bill / Application for Leave to Appeal Following District Court Assessment Judgment
Outcome
Leave to appeal granted in part and refused in part; rectification under slip rule ordered; costs apportioned; orders nisi with 14‑day period to become absolute
Legal Topics
Assessment of Damages, Taxation of Solicitor's Bill, Leave to Appeal, Appeal Route/jurisdiction, Conflict of Interest, Slip Rule, Admission of Fresh Evidence
Source Language
EN
Civil Procedure Costs and Taxation Legal Professional Conduct Contract (quantum Meruit) Assessment of Damages Taxation of Solicitor's Bill Leave to Appeal Appeal Route/jurisdiction +3 more

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Parties

Eric Chan & Co (Mr Eric Chan)

Plaintiff Solicitor/party in Person

Wong Kwok Wang Warren

Defendant Party in Person

Procedural Posture

Civil Assessment/taxation of Solicitor's Bill / Application for Leave to Appeal Following District Court Assessment Judgment

Legal Issues

  1. 1 Whether the assessment was under statutory assessment of damages (O 37 r 1 RDC) or a non‑statutory determination of quantum and the correct appeal route
  2. 2 Whether the Plaintiff has a reasonable prospect of success for leave to appeal under s63A(2) District Court Ordinance
  3. 3 Reasonableness of specific deductions in the solicitor's bill (identified bill items)

Ratio Decidendi

The master applied the statutory assessment regime (O 37 r 1 RDC), concluded the Plaintiff failed to show a reasonable prospect of success on most challenged deductions under s63A(2) District Court Ordinance, rectified a clerical slip under O 20 r 11 RDC adding HKD 2,733 back, and granted leave to appeal only on two specific items (89(C)(a)1‑3 and 89(B)(d)3); all other leave applications refused. Costs were apportioned between successful and unsuccessful items and orders nisi made absolute in 14 days absent challenge.

Court Disposition

Leave to appeal granted in part and refused in part; rectification under slip rule ordered; costs apportioned; orders nisi with 14‑day period to become absolute

Orders

  • Rectify arithmetic slip under O 20 r 11 RDC and add back HKD 2,733 to assessed sums
  • Grant leave to appeal on item no 89(C)(a)1‑3 (three letters from Huen)