JACKIN TOTAL FULFILMENT SERVICES LTD AND ANOTHER v. JOHNSON STOKES & MASTER (a firm)

JACKIN TOTAL FULFILMENT SERVICES LTD AND ANOTHER v. JOHNSON STOKES & MASTER (a firm)

Summary judgment entered for Johnson Stokes & Master because the defendants' counterclaim was not a genuine bona fide defence and failed on causation; the application for taxation was discretionary under s67 and, given the late, generalised and tactical nature of the challenge, taxation was refused; the application for stay pending winding-up was refused because exceptional circumstances existed (no bona fide defence, apparent dissipation/tactical conduct) and the plaintiff undertook not to execute judgment until winding-up resolved.

Citation
JACKIN TOTAL FULFILMENT SERVICES LTD AND ANOTHER v. JOHNSON STOKES & MASTER (a firm)
Parties
Plaintiff (hca 304/2007); Defendant (hcmp 736/2007): Johnson Stokes & Master; 1st Defendant (hca 304/2007); 1st Plaintiff (hcmp 736/2007): Jackin Total Fulfilment Services Limited; 2nd Defendant (hca 304/2007); 2nd Plaintiff (hcmp 736/2007): Ho Yin King Helena
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 June 2007
Case Number
HCMP736/2007
Procedural Posture
Debt Recovery for Unpaid Solicitor's Bills; Taxation of Bills; Application for Stay Pending Winding Up / Hearing on Summary Judgment Under Order 14; Applications for Stay Under Companies Ordinance S181 and Taxation Under Legal Practitioners Ordinance S67; Interlocutory and Final Judgment Stage
Outcome
Final judgment for the plaintiff Johnson Stokes & Master against 1st defendant Jackin Total Fulfilment Services Limited (in terms of specified items) and against 2nd defendant Ho Yin King Helena (in terms of guarantee) ; Originating Summons dismissed ; defendant's summons for stay dismissed
Legal Topics
Summary Judgment (order 14), Taxation of Legal Bills (s67 Legal Practitioners Ordinance), Stay Pending Winding Up (s181 Companies Ordinance), Bona Fide Defence Threshold, Causation in Negligence, Discovery in Arbitration
Source Language
EN
Solicitor Client Costs Civil Procedure Company Insolvency/winding Up Arbitration Law Professional Negligence Summary Judgment (order 14) Taxation of Legal Bills (s67 Legal Practitioners Ordinance) Stay Pending Winding Up (s181 Companies Ordinance) +3 more

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Parties

Johnson Stokes & Master

Plaintiff (hca 304/2007); Defendant (hcmp 736/2007)

Jackin Total Fulfilment Services Limited

1st Defendant (hca 304/2007); 1st Plaintiff (hcmp 736/2007)

Ho Yin King Helena

2nd Defendant (hca 304/2007); 2nd Plaintiff (hcmp 736/2007)

Procedural Posture

Debt Recovery for Unpaid Solicitor's Bills; Taxation of Bills; Application for Stay Pending Winding Up / Hearing on Summary Judgment Under Order 14; Applications for Stay Under Companies Ordinance S181 and Taxation Under Legal Practitioners Ordinance S67; Interlocutory and Final Judgment Stage

Legal Issues

  1. 1 Whether the counterclaim in negligence disclosed a bona fide triable issue sufficient to resist summary judgment
  2. 2 Whether the client had a right to taxation of the itemised bills and whether taxation should be ordered in the court's discretion
  3. 3 Whether a stay of proceedings should be granted pending winding-up petition under Companies Ordinance given claims of asset dissipation and tactical conduct

Ratio Decidendi

Summary judgment entered for Johnson Stokes & Master because the defendants' counterclaim was not a genuine bona fide defence and failed on causation; the application for taxation was discretionary under s67 and, given the late, generalised and tactical nature of the challenge, taxation was refused; the application for stay pending winding-up was refused because exceptional circumstances existed (no bona fide defence, apparent dissipation/tactical conduct) and the plaintiff undertook not to execute judgment until winding-up resolved.

Court Disposition

Final judgment for the plaintiff Johnson Stokes & Master against 1st defendant Jackin Total Fulfilment Services Limited (in terms of specified items) and against 2nd defendant Ho Yin King Helena (in terms of guarantee) ; Originating Summons dismissed ; defendant's summons for stay dismissed

Orders

  • Final judgment for the plaintiff against the 1st defendant in terms of Items (a), (c), (d) and against the 2nd defendant in terms of Item (f) of the prayer of the Amended Statement of Claim and the costs of the action and the Order 14 summons to be taxed if not agreed
  • The Originating Summons be dismissed with costs in favour of the plaintiff to be taxed if not agreed