KAO, LEE & YIP (a firm) v. DONALD KOO HOI-YAN

KAO, LEE & YIP (a firm) v. DONALD KOO HOI-YAN

The court ordered that Mrs Lam remain as a co-plaintiff but must be indemnified by Mr Kao and Mr Yip for both past and future liabilities for the plaintiff's and defendants' costs (past indemnity founded on implied contractual indemnity on retirement; future indemnity under court's jurisdiction) and that security of...

Source-derived case information.

Citation
KAO, LEE & YIP (a firm) v. DONALD KOO HOI-YAN
Parties
Plaintiff (firm): KAO, LEE & YIP (a firm); Plaintiff (partner): Emmanuel Chu Chee Kao; Plaintiff (partner): Yip Wan Tak; Plaintiff (retired Partner / Applicant): Alexa Cheung Lam; Defendant (1st): Donald Koo Hoi-Yan; Defendant (2nd): Edwin Lau Yi-Ho; Defendant (3rd): Mohan Datwani; Defendant (4th): Vivian Fan Cho-Man; Defendant (5th): Monica Cheung Yun Kwan; Defendant (6th): Lee Suk Yee (also known as Lisa Lee)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2002
Case Number
HCA8847/1993
Procedural Posture
Civil Partnership Dispute (breach of Fiduciary Duty, Contract and Partnership Deed) / Interlocutory Summons for Indemnity, Security and Striking Out Heard 22 February 2002; Reasons Handed Down 8 March 2002
Outcome
Summons granted in part: indemnities ordered for past and future costs; security ordered; specific costs allocation made.
Legal Topics
Unwilling Plaintiff, Indemnity for Costs, Security for Indemnity, Striking Out, Joinder
Source Language
en
Partnership Law Civil Procedure Costs Law Contract Law Unwilling Plaintiff Indemnity for Costs Security for Indemnity Striking Out +1 more

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Parties

KAO, LEE & YIP (a firm)

Plaintiff (firm)

Emmanuel Chu Chee Kao

Plaintiff (partner)

Yip Wan Tak

Plaintiff (partner)

Alexa Cheung Lam

Plaintiff (retired Partner / Applicant)

Donald Koo Hoi-Yan

Defendant (1st)

Edwin Lau Yi-Ho

Defendant (2nd)

Mohan Datwani

Defendant (3rd)

Vivian Fan Cho-Man

Defendant (4th)

Monica Cheung Yun Kwan

Defendant (5th)

Lee Suk Yee (also known as Lisa Lee)

Defendant (6th)

Procedural Posture

Civil Partnership Dispute (breach of Fiduciary Duty, Contract and Partnership Deed) / Interlocutory Summons for Indemnity, Security and Striking Out Heard 22 February 2002; Reasons Handed Down 8 March 2002

Legal Issues

  1. 1 What orders are open where a partner who is a party to litigation no longer wishes to continue?
  2. 2 Whether the retired partner should be struck out as a plaintiff
  3. 3 Whether the retired partner should be joined as a defendant

Ratio Decidendi

The court ordered that Mrs Lam remain as a co-plaintiff but must be indemnified by Mr Kao and Mr Yip for both past and future liabilities for the plaintiff's and defendants' costs (past indemnity founded on implied contractual indemnity on retirement; future indemnity under court's jurisdiction) and that security of HK$4,500,000 be provided within 14 days to secure potential liability for the defendants' future costs; costs of the application were allocated as specified.

Court Disposition

Summons granted in part: indemnities ordered for past and future costs; security ordered; specific costs allocation made.

Orders

  • Mr Emmanuel Chu Chee Kao and Mr Yip Wan Tak do indemnify and keep indemnified Mrs Lam Cheung Alexa from and against all and any liability which she will hereinafter incur in respect of the Plaintiff's own costs and the Defendants' costs in this action.
  • Mr Emmanuel Chu Chee Kao and Mr Yip Wan Tak do indemnify and keep indemnified Mrs Lam Cheung Alexa from and against all and any liability which she has to date incurred in respect of the Plaintiff's own costs and the Defendants' costs in this action.