LAU LEUNG WA AND ANOTHER v. LAU YUE KUI AND ANOTHER

LAU LEUNG WA AND ANOTHER v. LAU YUE KUI AND ANOTHER

The court exercised its discretion to order a split trial because the issues of liability (whether the fee agreements are unfair, breached fiduciary duties and negligent conduct) are sufficiently distinct from the issue of quantum (assessment of reasonable fees); the evidence needed for damages would be different and plaintiffs' late receipt of the itemised bill justified separating the issues; defendants would not be prejudiced by trying liability first.

Citation
LAU LEUNG WA AND ANOTHER v. LAU YUE KUI AND ANOTHER
Parties
1st Plaintiff: Lau Leung Wa; 2nd Plaintiff: Lau Yue Chiu; 1st Defendant: Lau Yue Kui (as Administrator of the Estate of Lau Wai Chau, Deceased and personally); 2nd Defendant: Philip Chan Wing Hung (practising as Philip Chan & Co)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2005
Case Number
HCAP10/2001
Procedural Posture
Probate (court of First Instance) / Interlocutory Ruling on Application for Split Trial
Outcome
Application granted; order made for split trial between liability and quantum
Legal Topics
Split Trial, Liability Vs Quantum, Solicitors' Fees, Assessment of Damages, Setting Aside Contracts
Source Language
EN
Probate Trusts and Fiduciary Duties Professional Negligence Civil Procedure Split Trial Liability Vs Quantum Solicitors' Fees Assessment of Damages +1 more

Case Brief

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Parties

Lau Leung Wa

1st Plaintiff

Lau Yue Chiu

2nd Plaintiff

Lau Yue Kui (as Administrator of the Estate of Lau Wai Chau, Deceased and personally)

1st Defendant

Philip Chan Wing Hung (practising as Philip Chan & Co)

2nd Defendant

Procedural Posture

Probate (court of First Instance) / Interlocutory Ruling on Application for Split Trial

Legal Issues

  1. 1 Whether to order separate trials of liability and quantum
  2. 2 Whether evidence on reasonable fees creates overlap preventing separate trials
  3. 3 Whether plaintiffs would be prejudiced by a separate liability trial given late receipt of an itemised bill

Ratio Decidendi

The court exercised its discretion to order a split trial because the issues of liability (whether the fee agreements are unfair, breached fiduciary duties and negligent conduct) are sufficiently distinct from the issue of quantum (assessment of reasonable fees); the evidence needed for damages would be different and plaintiffs' late receipt of the itemised bill justified separating the issues; defendants would not be prejudiced by trying liability first.

Court Disposition

Application granted; order made for split trial between liability and quantum

Orders

  • Liability to be tried separately from quantum (split trial ordered)
  • Quantum (assessment of damages) reserved to be tried only if necessary after determination of liability