DEACONS v. WISEKING MINING INVESTMENT CO LTD AND ANOTHER

DEACONS v. WISEKING MINING INVESTMENT CO LTD AND ANOTHER

There were no triable issues on liability because the 1st Defendant admitted instructing the plaintiff and receiving the bills; summary judgment on liability against the 1st Defendant was therefore appropriate while disputed quantum should be transferred to the High Court for taxation; an interim payment of HK$200,000 was a suitable lump‑sum to secure a substantial part of the claim on the balance of probabilities.

Citation
DEACONS v. WISEKING MINING INVESTMENT CO LTD AND ANOTHER
Parties
Plaintiff: Deacons; 1st Defendant: Wiseking Mining Investment Company Limited; 2nd Defendant: Lam Fung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 May 2011
Case Number
DCCJ3097/2010
Procedural Posture
Civil (solicitor's Fees Recovery) / Appeal Against Master's Dismissal of Summary Judgment; Hearing and Decision on Appeal (31 May 2011)
Outcome
Summary judgment on liability entered for the Plaintiff against the 1st Defendant; quantum to be determined by the High Court; prior order of 27 January 2011 set aside; interim payment of HK$200,000 ordered; proceedings against the 2nd Defendant to remain in the District Court; costs order nisi for half costs to...
Legal Topics
Summary Judgment, Interim Payment, Taxation of Solicitor's Bill, Transfer of Proceedings to High Court, Legal Practitioners Ordinance S56
Source Language
EN
Civil Procedure Legal Profession Contract Law Summary Judgment Interim Payment Taxation of Solicitor's Bill Transfer of Proceedings to High Court Legal Practitioners Ordinance S56

Case Brief

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Parties

Deacons

Plaintiff

Wiseking Mining Investment Company Limited

1st Defendant

Lam Fung

2nd Defendant

Procedural Posture

Civil (solicitor's Fees Recovery) / Appeal Against Master's Dismissal of Summary Judgment; Hearing and Decision on Appeal (31 May 2011)

Legal Issues

  1. 1 Whether the 1st Defendant is liable to pay invoices for legal services
  2. 2 Whether a written retainer is required under s56 LPO to enforce fees
  3. 3 Whether summary judgment on liability should be granted

Ratio Decidendi

There were no triable issues on liability because the 1st Defendant admitted instructing the plaintiff and receiving the bills; summary judgment on liability against the 1st Defendant was therefore appropriate while disputed quantum should be transferred to the High Court for taxation; an interim payment of HK$200,000 was a suitable lump‑sum to secure a substantial part of the claim on the balance of probabilities.

Court Disposition

Summary judgment on liability entered for the Plaintiff against the 1st Defendant; quantum to be determined by the High Court; prior order of 27 January 2011 set aside; interim payment of HK$200,000 ordered; proceedings against the 2nd Defendant to remain in the District Court; costs order nisi for half costs to...

Orders

  • Order made on 27 January 2011 set aside
  • Summary judgment on liability entered for the Plaintiff against the 1st Defendant with quantum to be determined