GERMAN POOL (HONG KONG) LTD v. DONG WOO INDUSTRIAL CO LTD

GERMAN POOL (HONG KONG) LTD v. DONG WOO INDUSTRIAL CO LTD

The court recalled its judgment because the judge's prior indication via his clerk created an exceptional circumstance warranting reopening; on the merits the instruction of leading counsel was justified but the employment of a junior was not necessary, so a certificate is granted for leading counsel only for both...

Source-derived case information.

Citation
GERMAN POOL (HONG KONG) LTD v. DONG WOO INDUSTRIAL CO LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 2008
Case Number
HCA166/2008
Procedural Posture
Costs Certificate Application / Reconsideration/post Judgment
Outcome
Judgment recalled; certificate for leading counsel granted; certificate for junior counsel refused; no order as to costs for the written argument.
Legal Topics
Recall of Judgment, Certificate for Two Counsel, Taxation of Costs, Necessity of Junior Counsel
Source Language
en
Civil Procedure Costs Court Practice Recall of Judgment Certificate for Two Counsel Taxation of Costs Necessity of Junior Counsel

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Costs Certificate Application / Reconsideration/post Judgment

Legal Issues

  1. 1 Whether the judge should recall his earlier order
  2. 2 Whether a certificate for two counsel (leader and junior) should be granted
  3. 3 Applicable test and factors for allowing two counsel under party-and-party taxation

Ratio Decidendi

The court recalled its judgment because the judge's prior indication via his clerk created an exceptional circumstance warranting reopening; on the merits the instruction of leading counsel was justified but the employment of a junior was not necessary, so a certificate is granted for leading counsel only for both substantive hearings.

Court Disposition

Judgment recalled; certificate for leading counsel granted; certificate for junior counsel refused; no order as to costs for the written argument.

Orders

  • Order recalling the judgment to re-open the application on the certificate for two counsel.
  • Certificate granted for leading (senior) counsel only for both substantive occasions (February and August).