DEACONS v. IMPAG HK LTD AND ANOTHER

DEACONS v. IMPAG HK LTD AND ANOTHER

The court found that instructions transmitted via the mother company and international law firm bound the defendants and were ratified by payment and conduct; the defendants failed to particularize or pursue their pleaded defences (excessive fees and non‑agreement on rates) so no triable issue existed; accordingly summary judgment was entered for the plaintiff for the unpaid invoices with interest and costs.

Citation
DEACONS v. IMPAG HK LTD AND ANOTHER
Parties
Plaintiff: Deacons; 1st Defendant: IMPAG HK LTD; 2nd Defendant: SPLASH INTERNATIONAL LTD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 October 2006
Case Number
DCCJ2665/2006
Procedural Posture
Civil Action Recovery of Solicitors' Fees / Summary Judgment Under RDC Order 14 (decision)
Outcome
Summary judgment for the Plaintiff against the 1st and 2nd Defendants for HK$283,975.13
Legal Topics
Summary Judgment, Enforcement of Costs, Ratification of Agency, Interest on Judgment, Costs Orders
Source Language
EN
Civil Procedure Contract Agency Legal Fees Summary Judgment Enforcement of Costs Ratification of Agency Interest on Judgment +1 more

Case Brief

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Parties

Deacons

Plaintiff

IMPAG HK LTD

1st Defendant

SPLASH INTERNATIONAL LTD

2nd Defendant

Procedural Posture

Civil Action Recovery of Solicitors' Fees / Summary Judgment Under RDC Order 14 (decision)

Legal Issues

  1. 1 Whether the 1st Defendant was liable to pay the 2nd Defendant's solicitors' invoices
  2. 2 Whether the defendants had an arguable defence to resist summary judgment (non‑agreement, excessive fees, no agreement on rates)
  3. 3 Whether instructions via the mother company and international law firm created agency or were ratified by the defendants

Ratio Decidendi

The court found that instructions transmitted via the mother company and international law firm bound the defendants and were ratified by payment and conduct; the defendants failed to particularize or pursue their pleaded defences (excessive fees and non‑agreement on rates) so no triable issue existed; accordingly summary judgment was entered for the plaintiff for the unpaid invoices with interest and costs.

Court Disposition

Summary judgment for the Plaintiff against the 1st and 2nd Defendants for HK$283,975.13

Orders

  • Final judgment entered for the Plaintiff against the 1st and 2nd Defendants for HK$283,975.13
  • Interest at judgment rate from one month after the date of each of the five invoices until date of judgment, and thereafter at judgment rate until full satisfaction