LAU YU SHING AND ANOTHER v. PHILIP CHAN WING HUNG

LAU YU SHING AND ANOTHER v. PHILIP CHAN WING HUNG

On assessment on trustee basis the court accepted the senior solicitor's hourly rate and refused to reduce it, accepted most of the bills subject to broad brush reductions for categories where time was excessive or senior resources unnecessary, assessed the first bill at HKD 350,000 and the second at HKD 45,000, applied the defendant's chosen apportionment percentage (60.9%) so the Plaintiffs must pay HKD 213,150 plus HKD 1,051 disbursements for the first bill and HKD 27,400 for the second bill, and ordered a subsequent summary assessment on specified dates and directions for filing.

Citation
LAU YU SHING AND ANOTHER v. PHILIP CHAN WING HUNG
Parties
1st Plaintiff (administrator of the Estate of LAU LEUNG Kui, Deceased): LAU YU SHING; 2nd Plaintiff (co Administrator of the Estate of LAU LEUNG Chau, Deceased): MA WAH YAN; 2nd Plaintiff (co Administrator of the Estate of LAU LEUNG Chau, Deceased): WONG CHI LEUNG; Defendant (practising as PHILIP CHAN & Co.): PHILIP CHAN WING HUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 2011
Case Number
HCMP263/2010
Procedural Posture
Costs Assessment Under the Legal Practitioners Ordinance (assessment of Bills of Costs) / Determination of Assessment on Trustee Basis (paper Disposal / Determination)
Outcome
Costs assessed; Plaintiffs ordered to pay specified portions of the assessed bills to the Defendant and further summary assessment directed on nisi order
Legal Topics
Trustee Basis Taxation, Bill of Costs, Hourly Rates, Quantum Assessment, Apportionment Among Beneficiaries, Disbursements, Estate Administration
Source Language
EN
Costs Trusts and Estates Probate/administration Property Compulsory Resumption/compensation Civil Procedure Trustee Basis Taxation Bill of Costs Hourly Rates +4 more

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Parties

LAU YU SHING

1st Plaintiff (administrator of the Estate of LAU LEUNG Kui, Deceased)

MA WAH YAN

2nd Plaintiff (co Administrator of the Estate of LAU LEUNG Chau, Deceased)

WONG CHI LEUNG

2nd Plaintiff (co Administrator of the Estate of LAU LEUNG Chau, Deceased)

PHILIP CHAN WING HUNG

Defendant (practising as PHILIP CHAN & Co.)

Procedural Posture

Costs Assessment Under the Legal Practitioners Ordinance (assessment of Bills of Costs) / Determination of Assessment on Trustee Basis (paper Disposal / Determination)

Legal Issues

  1. 1 Whether claimed solicitor costs are properly payable on trustee basis
  2. 2 Whether the hourly rates and time claimed are reasonable
  3. 3 Extent of quantum reductions required for categories of work and for periods of inaction

Ratio Decidendi

On assessment on trustee basis the court accepted the senior solicitor's hourly rate and refused to reduce it, accepted most of the bills subject to broad brush reductions for categories where time was excessive or senior resources unnecessary, assessed the first bill at HKD 350,000 and the second at HKD 45,000, applied the defendant's chosen apportionment percentage (60.9%) so the Plaintiffs must pay HKD 213,150 plus HKD 1,051 disbursements for the first bill and HKD 27,400 for the second bill, and ordered a subsequent summary assessment on specified dates and directions for filing.

Court Disposition

Costs assessed; Plaintiffs ordered to pay specified portions of the assessed bills to the Defendant and further summary assessment directed on nisi order

Orders

  • Assessment of first bill at HKD 350000; applying 60.9% Plaintiffs to pay Defendant HKD 213150
  • Assessment of second bill at HKD 45000; applying 60.9% Plaintiffs to pay Defendant HKD 27400