SY ENGINEERING CO. LTD. v. BINNIE CONSULTANTS LTD. AND OTHERS

SY ENGINEERING CO. LTD. v. BINNIE CONSULTANTS LTD. AND OTHERS

Where handling solicitors possess sufficient experience and expertise in construction/arbitration matters, routine steps and standard applications (including settling affidavits and drafting a stay summons) do not justify separate counsel fees on a party-and-party taxation; counsel fees are allowed only where the issue is novel, requires specialist counsel input or where instruction of counsel is proportionate and reasonable; accordingly certain items were disallowed, some allowed in reduced amounts, and the balance of the review was dismissed.

Citation
SY ENGINEERING CO. LTD. v. BINNIE CONSULTANTS LTD. AND OTHERS
Parties
Plaintiff: SY ENGINEERING COMPANY LIMITED; 1st Defendant: BINNIE CONSULTANTS LIMITED; 2nd Defendant: CHUNG KWOK FAI, EDWIN; 3rd Defendant: ROBERT CHIANG & ASSOCIATES; 4th Defendant: SANETECH LIMITED; 5th Defendant: SIU CHUN YIU, JONATHAN; 6th Defendant: HONG KONG HOUSING AUTHORITY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 April 2000
Case Number
HCCT49/1996
Procedural Posture
Construction & Arbitration / Review of Taxation (costs)
Outcome
Review partly allowed and varied in specified items; majority of challenged items disallowed; balance of review dismissed.
Legal Topics
Stay for Arbitration, Taxation of Costs, Counsel's Fees, Taking a Step in the Action, Party and Party Basis
Source Language
EN
Arbitration Civil Procedure Costs (taxation) Construction Law Stay for Arbitration Taxation of Costs Counsel's Fees Taking a Step in the Action +1 more

Case Brief

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Parties

SY ENGINEERING COMPANY LIMITED

Plaintiff

BINNIE CONSULTANTS LIMITED

1st Defendant

CHUNG KWOK FAI, EDWIN

2nd Defendant

ROBERT CHIANG & ASSOCIATES

3rd Defendant

SANETECH LIMITED

4th Defendant

SIU CHUN YIU, JONATHAN

5th Defendant

HONG KONG HOUSING AUTHORITY

6th Defendant

Procedural Posture

Construction & Arbitration / Review of Taxation (costs)

Legal Issues

  1. 1 Whether counsel's fees claimed by the 6th defendant are recoverable on a party-and-party taxation
  2. 2 Whether the issue of taking a step in the action required counsel's advice given experienced handling solicitors
  3. 3 Whether claimed fees are reasonable and proportionate

Ratio Decidendi

Where handling solicitors possess sufficient experience and expertise in construction/arbitration matters, routine steps and standard applications (including settling affidavits and drafting a stay summons) do not justify separate counsel fees on a party-and-party taxation; counsel fees are allowed only where the issue is novel, requires specialist counsel input or where instruction of counsel is proportionate and reasonable; accordingly certain items were disallowed, some allowed in reduced amounts, and the balance of the review was dismissed.

Court Disposition

Review partly allowed and varied in specified items; majority of challenged items disallowed; balance of review dismissed.

Orders

  • Item 3 (senior counsel conference 12/9/1996) allowed in reduced sum of HK$4,000
  • Item 5 (senior counsel conference 29/11/1996) disallowed