竹林明堂有限公司 對 陳祺豐

竹林明堂有限公司 對 陳祺豐

The defendant failed to demonstrate a reasonable prospect of success on any of the 17 grounds; the judge properly reviewed recordings and prior reasons, the contested retainer issue does not prevent liability for assessed solicitor's costs and is now academic given the completion of the costs assessment, and costs...

Source-derived case information.

Citation
[2025] HKCFI 614
Parties
Plaintiff: Chuk Lam Ming Tong Limited (竹林明堂有限公司); Defendant: Chan Kei Fung Eric (陳祺豐)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 February 2025
Case Number
HCA142/2016
Procedural Posture
Civil Leave to Appeal Application Under S14 Aa(4) High Court Ordinance / Application for Leave to Appeal From Interlocutory Costs Related Judgment and Ancillary Applications in Summons
Outcome
All applications in the summons dismissed; leave to appeal refused; interim costs order made against the defendant
Legal Topics
Leave to Appeal, Costs Assessment, Interim Costs Order, Costs Protection Order, Validity of Retainer
Source Language
ch
Civil Procedure Costs Law Appeal Law Leave to Appeal Costs Assessment Interim Costs Order Costs Protection Order Validity of Retainer

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Parties

Chuk Lam Ming Tong Limited (竹林明堂有限公司)

Plaintiff

Chan Kei Fung Eric (陳祺豐)

Defendant

Procedural Posture

Civil Leave to Appeal Application Under S14 Aa(4) High Court Ordinance / Application for Leave to Appeal From Interlocutory Costs Related Judgment and Ancillary Applications in Summons

  1. 1 Whether leave to appeal should be granted under s14AA(4) High Court Ordinance
  2. 2 Whether the 2017 retainer is invalid and whether that affects liability to pay solicitor's costs
  3. 3 Whether a costs protection order should be granted

Ratio Decidendi

The defendant failed to demonstrate a reasonable prospect of success on any of the 17 grounds; the judge properly reviewed recordings and prior reasons, the contested retainer issue does not prevent liability for assessed solicitor's costs and is now academic given the completion of the costs assessment, and costs protection is inappropriate in these private proceedings; therefore leave to appeal is refused and the summons applications are dismissed, with an interim costs order that the defendant pay the costs of the summons to be assessed if not agreed.

Court Disposition

All applications in the summons dismissed; leave to appeal refused; interim costs order made against the defendant

Orders

  • All applications contained in the summons dismissed
  • Interim costs order: defendant to pay the costs of the summons to plaintiff assessed on the standard basis; if amount not agreed, to be assessed by the Court