KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.

KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.

Although the Bradford Dyers factors favoured allowing a third counsel, the decisive reasoning was that Galco had managed the case adequately with two counsel and it is unreasonable to allow recovery of the cost of an extra counsel engaged to compensate for weakness in Kader's instructing solicitors; accordingly only...

Source-derived case information.

Citation
KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.
Parties
Party (plaintiff/defendant): GALCO INTERNATIONAL TOYS N.V.; Party (plaintiff/defendant): KADER INDUSTRIAL CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 1996
Case Number
HCA320/1991
Procedural Posture
Commercial Civil Litigation (high Court) / Post Judgment Applications Concerning Interest and Certificate for Counsel
Outcome
Interest awarded as agreed; application for certificate for three counsel refused and certificate limited to two counsel for each party; Kader ordered to pay costs of the application.
Legal Topics
Certificate for Counsel, Advocate Fees, Interest on Judgment, Costs of Application
Source Language
en
Civil Procedure Commercial Law Costs Certificate for Counsel Advocate Fees Interest on Judgment Costs of Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

GALCO INTERNATIONAL TOYS N.V.

Party (plaintiff/defendant)

KADER INDUSTRIAL CO. LTD.

Party (plaintiff/defendant)

Procedural Posture

Commercial Civil Litigation (high Court) / Post Judgment Applications Concerning Interest and Certificate for Counsel

Legal Issues

  1. 1 Whether interest should be awarded on the sum found due and from what date and rate
  2. 2 Whether a certificate should be granted for three counsel for Kader
  3. 3 Whether additional counsel may be allowed to compensate for weaknesses in instructing solicitors and recovered from the other party

Ratio Decidendi

Although the Bradford Dyers factors favoured allowing a third counsel, the decisive reasoning was that Galco had managed the case adequately with two counsel and it is unreasonable to allow recovery of the cost of an extra counsel engaged to compensate for weakness in Kader's instructing solicitors; accordingly only two counsel were certified as reasonable and recoverable. The agreed interest terms were ordered as presented.

Court Disposition

Interest awarded as agreed; application for certificate for three counsel refused and certificate limited to two counsel for each party; Kader ordered to pay costs of the application.

Orders

  • Interest to Kader on the sum found due from 29 November 1990 to the date of judgment at 1% above prime and thereafter at the judgment rate.
  • Certificate for counsel granted for two counsel for each party; application for a certificate for three counsel refused.