RE MAINTAIN PROFITS LTD AND OTHERS

RE MAINTAIN PROFITS LTD AND OTHERS

The Registrar refused to revise the taxed charge-out rates after applying the Law Society scale as a reference and the seven factors globally: Mr. Kemp's rate was fixed at HKD 4,200 per hour and Mr. Stranger's at HKD 2,100 per hour, and the applications for review of those rates were refused.

Citation
RE MAINTAIN PROFITS LTD AND OTHERS
Parties
Company (subject of Winding Up): Maintain Profits Limited; Company (subject of Winding Up): Myriad Gold Corporation; Company (subject of Winding Up): B.F. Construction Co. Ltd.; Solicitors (applicant for Review): Messrs. Stephenson Harwood & Lo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 2006
Case Number
HCCW346/2004
Procedural Posture
Companies Winding Up Proceedings / Taxation Review Decision (registrar Review of Solicitors' Bills)
Outcome
Application for review of charge-out rates refused in respect of the two fee-earners; rates maintained.
Legal Topics
Winding Up, Provisional Liquidation, Taxation of Costs, Hourly Rates, Law Society Scale
Source Language
EN
Company Law Insolvency Civil Procedure Costs and Taxation Professional Regulation Winding Up Provisional Liquidation Taxation of Costs +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Maintain Profits Limited

Company (subject of Winding Up)

Myriad Gold Corporation

Company (subject of Winding Up)

B.F. Construction Co. Ltd.

Company (subject of Winding Up)

Messrs. Stephenson Harwood & Lo

Solicitors (applicant for Review)

Procedural Posture

Companies Winding Up Proceedings / Taxation Review Decision (registrar Review of Solicitors' Bills)

Legal Issues

  1. 1 Whether the hourly rates claimed by the solicitors are reasonable and justified against the Law Society scale and market comparators
  2. 2 How the seven factors in Paragraph 2 Part II of the First Schedule to Order 62 should be applied in fixing charge-out rates
  3. 3 Appropriate hourly rates for a senior partner (Mr. Kemp) and an associate/paralegal turned solicitor (Mr. Stranger)

Ratio Decidendi

The Registrar refused to revise the taxed charge-out rates after applying the Law Society scale as a reference and the seven factors globally: Mr. Kemp's rate was fixed at HKD 4,200 per hour and Mr. Stranger's at HKD 2,100 per hour, and the applications for review of those rates were refused.

Court Disposition

Application for review of charge-out rates refused in respect of the two fee-earners; rates maintained.

Orders

  • Application for review of the charge-out rates of Mr. Kemp and Mr. Stranger refused
  • Costs of the review reserved pending decision on other items