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Hong Kong Case Law

Payment conditions for taxation
  • 3 Mar 2017

    ZHANG LAN AND OTHERS v. HERBERT SMITH FREEHILLS (A FIRM)

    Citation
    ZHANG LAN AND OTHERS v. HERBERT SMITH FREEHILLS (A FIRM)
    Court
    Court of First Instance
    Case number
    HCMP285/2016

    Given the applicants' delay in seeking taxation beyond the one‑month limit, the court exercised its discretion under s67 LPO to impose a payment condition to do justice between the parties; on the facts (nature, duration and quantum of work and prior conduct indicating ability and offers to pay), a 40% interim payment of the total billed fees (less the HK$500,000 already paid on account) within the specified time was appropriate; estoppel not established; lifting the stay of arbitration was refused so arbitration remains stayed pending taxation outcome.