FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

The master concluded the counsel fees, while reflecting high quality advocacy, included services that went beyond what was necessary or proper on a party-and-party taxation and amounted to luxuries recoverable only on a solicitor-and-own-client basis; accordingly the reviews of taxation were dismissed and the prior...

Source-derived case information.

Citation
FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER
Parties
Respondent/paying Party: Plaintiff (Macau Company); Respondent/receiving Party/1st Defendant: 1st Defendant (window company of Fujian Provincial Peoples Government); Respondent/receiving Party/2nd Defendant: 2nd Defendant (window company of Fujian Provincial Peoples Government)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 2014
Case Number
HCA4414/2001
Procedural Posture
Taxation Review (fees to Counsel) / Review of Taxation Decisions After Trial and Appeal (post Judgment and Appeals)
Outcome
Reviews dismissed
Legal Topics
Counsel Fees Taxation, Brief Fees, Refreshers, Party and Party Costs, Solicitor and Own Client Scale, Effect of Foreign (prc) Judgment
Source Language
en
Costs Civil Procedure Appeal Conflict of Laws Taxation of Costs Counsel Fees Taxation Brief Fees Refreshers +3 more

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Parties

Plaintiff (Macau Company)

Respondent/paying Party

1st Defendant (window company of Fujian Provincial Peoples Government)

Respondent/receiving Party/1st Defendant

2nd Defendant (window company of Fujian Provincial Peoples Government)

Respondent/receiving Party/2nd Defendant

Procedural Posture

Taxation Review (fees to Counsel) / Review of Taxation Decisions After Trial and Appeal (post Judgment and Appeals)

Legal Issues

  1. 1 Whether the counsel fees claimed were "necessary or proper" on a party-and-party taxation
  2. 2 Appropriate assessment of brief fees and refreshers using the hypothetical counsel approach
  3. 3 Whether services provided were luxuries recoverable only on solicitor-and-own-client scale

Ratio Decidendi

The master concluded the counsel fees, while reflecting high quality advocacy, included services that went beyond what was necessary or proper on a party-and-party taxation and amounted to luxuries recoverable only on a solicitor-and-own-client basis; accordingly the reviews of taxation were dismissed and the prior allowances at taxation stand, with costs of the review to follow the event and a gross sum of HKD 12,900 awarded to the Plaintiff.

Court Disposition

Reviews dismissed

Orders

  • Reviews dismissed
  • Costs of the review to follow the event