SO KEUNG YIP & SIN (A FIRM) v. GOLD HORN INTERNATIONAL ENTERPRISES GROUP LTD AND ANOTHER

SO KEUNG YIP & SIN (A FIRM) v. GOLD HORN INTERNATIONAL ENTERPRISES GROUP LTD AND ANOTHER

Engagement letters signed by the clients and Mr Poon created joint and several liability; the Former Clients failed to present particulars or contemporaneous evidence of any agreement to defer payment until QT or of excessive charges; those contentions did not amount to triable issues or arguable defences, so summary judgment on liability was entered and the Court validly imposed conditions for taxation (80% interim payment to the Firm and 20% into Court with time-limited taxation proceedings) under its discretion pursuant to s67 LPO principles.

Citation
[2020] HKCFI 1418
Parties
Plaintiff in HCA 1027/2019 and HCA 1639/2019; Defendant in HCMP 1164/2019: So Keung Yip & Sin (A Firm); Defendant in HCA 1027/2019 and HCA 1639/2019; 1st Plaintiff in HCMP 1164/2019: Gold Horn International Enterprises Group Limited; Defendant in HCA 1639/2019; 2nd Plaintiff in HCMP 1164/2019: Golden Hero International Development Ltd; Defendant in HCA 1027/2019 and HCA 1639/2019; 3rd Plaintiff in HCMP 1164/2019 (in Person): Poon Sum (Mr Poon)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2020
Case Number
HCA1027/2019
Procedural Posture
Civil Action for Recovery of Unpaid Legal Fees and Related Taxation Proceedings / Summary Judgment Hearing and Decision; Orders for Taxation and Payments Made on Interlocutory Determination
Outcome
Summary judgment entered for So Keung Yip & Sin against Gold Horn, Golden Hero and Mr Poon on liability for the solicitors' bills; conditions imposed for taxation and costs awarded to the Firm
Legal Topics
Summary Judgment, Taxation of Solicitors' Bills, Payment of Legal Fees, Joint and Several Liability, Conditions for Taxation
Source Language
EN
Civil Procedure Legal Practitioners' Costs Contract Law Court Practice and Procedure Summary Judgment Taxation of Solicitors' Bills Payment of Legal Fees Joint and Several Liability +1 more

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Parties

So Keung Yip & Sin (A Firm)

Plaintiff in HCA 1027/2019 and HCA 1639/2019; Defendant in HCMP 1164/2019

Gold Horn International Enterprises Group Limited

Defendant in HCA 1027/2019 and HCA 1639/2019; 1st Plaintiff in HCMP 1164/2019

Golden Hero International Development Ltd

Defendant in HCA 1639/2019; 2nd Plaintiff in HCMP 1164/2019

Poon Sum (Mr Poon)

Defendant in HCA 1027/2019 and HCA 1639/2019; 3rd Plaintiff in HCMP 1164/2019 (in Person)

Procedural Posture

Civil Action for Recovery of Unpaid Legal Fees and Related Taxation Proceedings / Summary Judgment Hearing and Decision; Orders for Taxation and Payments Made on Interlocutory Determination

Legal Issues

  1. 1 Whether the Former Clients are liable for the unpaid legal bills
  2. 2 Whether Mr Poon is personally liable under the engagement letters
  3. 3 Whether there was an agreement that fees would be paid only after completion of the TSXV qualifying transaction

Ratio Decidendi

Engagement letters signed by the clients and Mr Poon created joint and several liability; the Former Clients failed to present particulars or contemporaneous evidence of any agreement to defer payment until QT or of excessive charges; those contentions did not amount to triable issues or arguable defences, so summary judgment on liability was entered and the Court validly imposed conditions for taxation (80% interim payment to the Firm and 20% into Court with time-limited taxation proceedings) under its discretion pursuant to s67 LPO principles.

Court Disposition

Summary judgment entered for So Keung Yip & Sin against Gold Horn, Golden Hero and Mr Poon on liability for the solicitors' bills; conditions imposed for taxation and costs awarded to the Firm

Orders

  • Gold Horn and Mr Poon to pay HK$3,677,448.28 (80% of Gold Horn bills) to the Firm within 14 days
  • Gold Horn and Mr Poon to pay HK$919,362.07 (20% of Gold Horn bills) into Court within 14 days