SMARTEK E & M ENGINEERING (HK) LTD v. WIN WIN WAY CONSTRUCTION CO., LTD

SMARTEK E & M ENGINEERING (HK) LTD v. WIN WIN WAY CONSTRUCTION CO., LTD

The court found the adjournment caused by the plaintiff solicitors' failure to comply with Practice Directions; that fault justified requiring the plaintiff's solicitors to bear all costs thrown away; solicitors were given 14 days to show cause why they should not be personally liable and why costs should not be...

Source-derived case information.

Citation
[2020] HKDC 1005
Parties
Plaintiff: SMARTEK E & M ENGINEERING (HK) LIMITED; Defendant: WIN WIN WAY CONSTRUCTION CO., LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 November 2020
Case Number
DCCJ5104/2017
Procedural Posture
Civil Trial / Trial (adjourned)
Outcome
Trial adjourned; costs thrown away ordered to be borne by the plaintiff's solicitors subject to show‑cause and assessment.
Legal Topics
Practice Directions Compliance, Adjournment, Wasted Costs, Personal Liability of Solicitors, Trial Bundles
Source Language
en
Civil Procedure Costs Solicitors' Conduct Evidence Management Practice Directions Compliance Adjournment Wasted Costs Personal Liability of Solicitors +1 more

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Parties

SMARTEK E & M ENGINEERING (HK) LIMITED

Plaintiff

WIN WIN WAY CONSTRUCTION CO., LIMITED

Defendant

Procedural Posture

Civil Trial / Trial (adjourned)

Legal Issues

  1. 1 Whether trial bundles complied with Practice Directions
  2. 2 Whether adjournment was justified for 'milestone date' trial
  3. 3 Allocation of wasted costs resulting from non-compliance

Ratio Decidendi

The court found the adjournment caused by the plaintiff solicitors' failure to comply with Practice Directions; that fault justified requiring the plaintiff's solicitors to bear all costs thrown away; solicitors were given 14 days to show cause why they should not be personally liable and why costs should not be assessed on an indemnity basis; the trial was adjourned to a new fixed date.

Court Disposition

Trial adjourned; costs thrown away ordered to be borne by the plaintiff's solicitors subject to show‑cause and assessment.

Orders

  • All costs thrown away as a result of the adjournment to be borne by the plaintiff's solicitors.
  • Plaintiff's solicitors to show cause within 14 days why they should not be personally liable for the wasted costs and why such costs should not be payable on an indemnity basis to the defendant forthwith.