SEAN ERIC MCLEAN HOTUNG v. HILLHEAD LTD

SEAN ERIC MCLEAN HOTUNG v. HILLHEAD LTD

On the evidence, including identical retainer documents addressed to all three defendants, identical file references, the solicitors' conduct treating the three defendants as a single client, and uncontradicted affidavit/oral evidence, the retainers with both firms were properly construed as creating joint and...

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Citation
SEAN ERIC MCLEAN HOTUNG v. HILLHEAD LTD
Parties
Plaintiff: Eric Edward Hotung; 1st Defendant: Ho Yuen Ki; 2nd Defendant: Anthony Eric Ryan Hotung; 3rd Defendant: Sean Eric McLean Hotung; 4th Defendant: Hillhead Limited; 5th Defendant: Sheridan Patricia; 6th Defendant: Hotung Shea Gabrielle Marie Hotung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 August 2008
Case Number
HCMP2820/2002
Procedural Posture
Civil (consolidated Action) / Post Trial Costs Taxation — Preliminary Issue on Construction of Retainers
Outcome
Retainers with Stevenson, Wong & Co. and Oldham, Li & Nie held to create joint and several liabilities; Plaintiff not limited to one‑third share of costs; D2 entitled to indemnity for entire taxed costs as appropriate.
Legal Topics
Construction of Solicitor Retainers, Joint and Several Liability, Indemnity for Costs, Taxation of Costs, Order 85 Rules
Source Language
en
Civil Law Costs Contracts Trusts Procedure Construction of Solicitor Retainers Joint and Several Liability Indemnity for Costs +2 more

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Parties

Eric Edward Hotung

Plaintiff

Ho Yuen Ki

1st Defendant

Anthony Eric Ryan Hotung

2nd Defendant

Sean Eric McLean Hotung

3rd Defendant

Hillhead Limited

4th Defendant

Sheridan Patricia

5th Defendant

Hotung Shea Gabrielle Marie Hotung

6th Defendant

Procedural Posture

Civil (consolidated Action) / Post Trial Costs Taxation — Preliminary Issue on Construction of Retainers

Legal Issues

  1. 1 Whether the solicitor retainers with Stevenson, Wong & Co. and Oldham, Li & Nie were joint or several or joint and several
  2. 2 Whether the Plaintiff's liability for taxed costs is limited to a one‑third share or extends to full indemnity in favor of one defendant under a joint and several retainer
  3. 3 Whether D2 may be held liable for the entire costs and thus indemnified for costs paid on behalf of D3 and D5

Ratio Decidendi

On the evidence, including identical retainer documents addressed to all three defendants, identical file references, the solicitors' conduct treating the three defendants as a single client, and uncontradicted affidavit/oral evidence, the retainers with both firms were properly construed as creating joint and several liabilities; accordingly the Plaintiff's liability for costs was not limited to one‑third and D2 is entitled to indemnity for the whole taxed costs as appropriate.

Court Disposition

Retainers with Stevenson, Wong & Co. and Oldham, Li & Nie held to create joint and several liabilities; Plaintiff not limited to one‑third share of costs; D2 entitled to indemnity for entire taxed costs as appropriate.

Orders

  • Retainers with Stevenson, Wong & Co. and Oldham, Li & Nie are construed as creating joint and several liabilities.
  • Plaintiff's liability for taxed costs of the consolidated action is not limited to one‑third; D2 is entitled to be indemnified for the whole of the taxed costs incurred under the joint and several retainer (subject to taxation).