Hong Kong Case Law: Decisions & Judgments

Topic

Solicitor liability for costs

Legal area

Court

14 Jan 2022

ANN AN WEI LIANG AND ANOTHER v. WONG JUNLAN SUKI AND OTHERS

Citation

[2022] HKCFI 844
Court

Court of First Instance
Case number

HCA1842/2021

The 2nd affidavit was not compliant with the injunction order’s schedule 2 requirements and was prepared/affirmed inappropriately by a paralegal on behalf of the firm’s client; accordingly the solicitors’ firm is personally liable for the costs of preparing, filing and serving that affidavit, including the costs of the hearing, subject to a 10‑minute reservation on costs relating to service issues.
30 Jul 2010

RE LABOUR BUILDINGS LTD

Citation

RE LABOUR BUILDINGS LTD
Court

Court of Appeal
Case number

CACV37/2010

The appeal was hopeless and perfunctory, raised no issue of general or public importance under Order 62, and the appellant's solicitors knowingly prolonged the appeal so that costs could and should have been avoided; therefore leave to appeal was refused and the solicitors were ordered to bear the costs.
26 Apr 2010

RE LABOUR BUILDINGS LTD

Citation

RE LABOUR BUILDINGS LTD
Court

Court of Appeal
Case number

CACV37/2010

The Court held the appeal was hopeless and the appellant's solicitors acted improperly in pursuing it despite the company having no funds and in instructing counsel on a speculative basis; accordingly the solicitors must bear the costs personally and the costs are to be summarily assessed, fixed in the rounded figure of $600,000 as immediate taxation.
6 May 1993

HO LEE MAN v. WONG WAI KAI

Citation

HO LEE MAN v. WONG WAI KAI
Court

Court of Appeal
Case number

CACV183/1992

The Scherer principle and its procedural regime are not imported into Hong Kong because Hong Kong statute (s.14(3)(e) Supreme Court Ordinance) already empowers the Court of Appeal itself to grant leave; therefore the appellant must seek leave under the statute, the Deputy Judge did not err in her exercise of discretion as to costs, leave is refused and the appeal is dismissed.

Hong Kong Case Law

ANN AN WEI LIANG AND ANOTHER v. WONG JUNLAN SUKI AND OTHERS

RE LABOUR BUILDINGS LTD

RE LABOUR BUILDINGS LTD

HO LEE MAN v. WONG WAI KAI