30 Jul 2009
NINEYOU INTERNATIONAL LTD AND OTHERS v. MESSRS. TROUTMAN SANDERS (a firm)
- Citation
- NINEYOU INTERNATIONAL LTD AND OTHERS v. MESSRS. TROUTMAN SANDERS (a firm)
- Court
- Court of First Instance
- Case number
- HCMP697/2009
The Engagement Agreement did not constitute a fixed remuneration agreement under s.56 because it lacked sufficient specificity and contained clause(s) (notably 2.14) permitting adjustment on termination; accordingly upon termination remuneration is payable on a time basis and the 1st Invoice is properly referred to taxation under s.67(2); the court will exercise its discretion in favour of taxation given timely and bona fide application and the inability of the client to test the reasonableness of the time and personnel without taxation.