Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Seagroatt test
  • 26 Apr 2007

    LEE LOK KOON v. MAXIM’S CATERERS LTD

    Citation
    LEE LOK KOON v. MAXIM’S CATERERS LTD
    Court
    Court of First Instance
    Case number
    HCPI1129/2005

    Applying the Seagroatt test objectively as at the date the Writ was issued, a reasonably competent nominal solicitor would not have had a reasonable prospect of obtaining an award in excess of HK$1,000,000 given the expert evidence (including non-organic pain behaviour on Waddell's test and lack of objective nerve root signs); therefore the claim should not have been commenced in the High Court and costs are to be assessed on the District Court scale.

    • Scale of costs
    • High court vs district court jurisdiction
    • Seagroatt test
    • Consent summons
    • Justification for issuing writ in higher court