WONG KWOK KI STEPHEN as the joint and several trustee of the property of KWONG KWOK CHI PATRICK AND ANOTHER v. LEE LIN AND ANOTHER

Parties

Procedural Posture

Civil Action — Partition Claim by Trustees in Bankruptcy / Appeal in Chambers Against Master’s Case Management Conference Timetabling Decision (hearing and Reasons Given)

Legal Issues

1. 1 Whether the solicitor knowingly misled the Master about counsel’s earliest available trial dates
2. 2 Whether a timetabling decision made by a Master at a case management conference is appealable to a judge in chambers or must be varied under Order 25 rule 3
3. 3 Whether wasted costs orders should be made against the firm and the individual solicitor for misleading the court

Ratio Decidendi

The solicitor was found to have knowingly misled the Master about counsel’s earliest available trial dates; nevertheless a judge in chambers will not generally entertain an appeal to re‑fix timetabling set at a CMC and the correct procedural route to vary milestone dates is by application under O.25 r.3 to the Master/listing officer; accordingly the appeal was dismissed, but the court ordered no order as to costs between the parties and made wasted costs orders against RL&Co (no legal aid taxation and not payable by defendant) and against the individual solicitor to pay the legally aided taxed fees of counsel for the defendant, and referred the conduct to the Law Society.

Court Disposition

Appeal dismissed; no order as to costs between the parties

Orders

• Appeal dismissed
• No order as to costs between Plaintiffs and Defendant Lee Lin