MUK CHUNG WING AND ANOTHER v. LEUNG WAI FONG AND OTHERS

MUK CHUNG WING AND ANOTHER v. LEUNG WAI FONG AND OTHERS

There was no valid reason for the substantial delay in pursuing summary assessment; the court therefore made a modest global deduction of 20% on summary assessment and ordered that the 20% reduction be unrecoverable from the clients or the estate and that the solicitors' firm be barred from recovering interest on profit costs and disbursements for the period from the date of the costs order to the date of the decision; compliance with Order 62 rule 32C(4) was directed.

Citation
MUK CHUNG WING AND ANOTHER v. LEUNG WAI FONG AND OTHERS
Parties
Applicant (administrator of Estate of Ma Shu Tau, Deceased): Muk Chung Wing; Applicant (administrator of Estate of Ma Shu Tau, Deceased): Patrick Cowley; 1st Defendant: Leung Wai Fong; 2nd Defendant: Ma King Chu; 3rd Defendant: Ma Wing Kwong; 4th Defendant: Ma Wing Fai; 5th Defendant: Ma Wing Chung; 6th Defendant: Ma Wing Cheong; 7th Defendant: Ma Wing Kei; 8th Defendant: Ma Wing Fu; 9th Defendant: Ma King Po; 10th Defendant: Ma Wing Fung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 2013
Case Number
HCMP35/2011
Procedural Posture
Miscellaneous Proceedings (costs) in High Court Court of First Instance / Hearing Pursuant to Order 62 Rule 32 C(1)(a) for Solicitors to Show Cause; Summary Assessment of Costs
Outcome
Wasted costs order against solicitors for the 3rd-6th defendants' firm; 20% global reduction on assessed costs imposed and declared not recoverable from the clients or the estate; firm barred from recovering interest on profit costs and disbursements for the specified period; directed compliance with Order 62 rule...
Legal Topics
Wasted Costs, Summary Assessment, Common Fund Costs, Beddoe Application, Extension of Time, Interest on Costs
Source Language
EN
Civil Procedure Costs Solicitor Discipline Estate Administration Wasted Costs Summary Assessment Common Fund Costs Beddoe Application +2 more

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Parties

Muk Chung Wing

Applicant (administrator of Estate of Ma Shu Tau, Deceased)

Patrick Cowley

Applicant (administrator of Estate of Ma Shu Tau, Deceased)

Leung Wai Fong

1st Defendant

Ma King Chu

2nd Defendant

Ma Wing Kwong

3rd Defendant

Ma Wing Fai

4th Defendant

Ma Wing Chung

5th Defendant

Ma Wing Cheong

6th Defendant

Ma Wing Kei

7th Defendant

Ma Wing Fu

8th Defendant

Ma King Po

9th Defendant

Ma Wing Fung

10th Defendant

Procedural Posture

Miscellaneous Proceedings (costs) in High Court Court of First Instance / Hearing Pursuant to Order 62 Rule 32 C(1)(a) for Solicitors to Show Cause; Summary Assessment of Costs

Legal Issues

  1. 1 Whether delay in proceeding with summary assessment by solicitors for D3-D6 justified a wasted costs order
  2. 2 Whether a global deduction of 20% from assessed costs was appropriate and recoverable from client or estate
  3. 3 Whether summary assessment principles equivalent to taxation principles apply

Ratio Decidendi

There was no valid reason for the substantial delay in pursuing summary assessment; the court therefore made a modest global deduction of 20% on summary assessment and ordered that the 20% reduction be unrecoverable from the clients or the estate and that the solicitors' firm be barred from recovering interest on profit costs and disbursements for the period from the date of the costs order to the date of the decision; compliance with Order 62 rule 32C(4) was directed.

Court Disposition

Wasted costs order against solicitors for the 3rd-6th defendants' firm; 20% global reduction on assessed costs imposed and declared not recoverable from the clients or the estate; firm barred from recovering interest on profit costs and disbursements for the specified period; directed compliance with Order 62 rule...

Orders

  • 20% reduction from assessed costs to be made and that 20% shall not be recoverable from the firm’s clients or the estate
  • The firm representing D3-D6 is barred from recovering interest on profit costs and disbursements for the period from the date of the costs order up to and including today