Hong Kong Case Law: Decisions & Judgments

Topic

Certification of counsel

Legal area

Court

25 Jun 2021

LAM KIN CHUNG v. SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD

Citation

[2021] HKCFI 1724
Court

Court of First Instance
Case number

HCMP1002/2017

The Master applied the 'necessary or proper' test and concluded that one senior counsel together with one junior counsel was sufficient; SC II's brief fees were disallowed because his involvement was unnecessary and amounted to an unjustified luxury, while fees of SC I and JC I were properly recoverable; the review was dismissed and the taxation decision upheld.
14 May 2021

LAM POK (JIMMY) v. LEE HIN LONG (TIMOTHY LEE) AND ANOTHER

Citation

[2021] HKCFI 1355
Court

Court of First Instance
Case number

HCAL247/2020

The court granted a certificate for two counsel because the meaning of 'consented in writing' presented an important legal question and the matters were not straightforward, and the court exercised its costs discretion to summarily assess and reduce the petitioner's claimed costs to HK$450,000 and ordered R1 to pay those costs and the assessed costs of the other parties (HK$125,237 and HK$55,000 respectively).
30 Apr 2019

A v. B

Citation

[2019] HKDC 594
Court

District Court
Case number

DCMP1117/2019

On the evidence the court was satisfied there was cogent and compelling proof of a sophisticated fraud, disclosure would very likely enable identification and recovery of misapplied funds, the disclosure sought was appropriately confined, and there was a strong risk that forewarning would enable the fraudsters to frustrate investigations; accordingly a Norwich Pharmacal order and an interim gagging order were justified and granted.
17 Oct 2014

HKSAR v. CHENG KAI MING CHARLES

Citation

HKSAR v. CHENG KAI MING CHARLES
Court

Court of Final Appeal
Case number

FACC5/2013

Because the money alleged to have been laundered was clean and therefore could not constitute proceeds of an indictable offence under s25(1) OSCO, the convictions on Charge 4 could not stand; accordingly appellants are entitled to full costs of the substantive appeals, subject to discretions to discount costs where parties pursued unmeritorious grounds (applied to leave applications and Court of Appeal costs), and certification for counsel was limited to two counsel.
6 Jan 2012

VIVIEN FAN AND OTHERS v. HKSAR

Citation

VIVIEN FAN AND OTHERS v. HKSAR
Court

Court of Final Appeal
Case number

FACC10/2010

The Court awarded each non-legal-aid appellant costs of and incidental to the proceedings in all courts below and in this Court, granted the certificates for counsel as sought, ordered costs to be taxed on the basis indicated in the Egan costs judgment (reasonably sufficient to compensate expenses properly incurred), and awarded the legal aid contributions claimed by Mr Rahman for the Court of Appeal and this Court.
5 Jan 2010

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)

Citation

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Final Appeal
Case number

FACV2/2009

China Field's appeal was allowed on the proper construction of section 16(1)(h) of the Buildings Ordinance and China Field is entitled to costs from the Building Authority without deduction; Sun Honest's appeal was dismissed and Sun Honest must pay the Building Authority's costs; certificates of two counsel for China Field in the Court of Appeal and three counsel for the Building Authority against Sun Honest are appropriate given the differing complexities of the issues before the courts.

Hong Kong Case Law

LAM KIN CHUNG v. SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD

LAM POK (JIMMY) v. LEE HIN LONG (TIMOTHY LEE) AND ANOTHER

A v. B

HKSAR v. CHENG KAI MING CHARLES

VIVIEN FAN AND OTHERS v. HKSAR

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)