Hong Kong Case Law: Decisions & Judgments

Topic

Solicitor personal liability for costs

Legal area

Court

17 Mar 2023

CHEUNG KA MAN v. WONG YU HUEN

Citation

[2023] HKDC 370
Court

District Court
Case number

DCPI214/2021

The handling solicitor deliberately and consciously concealed a second accident and related documents, grossly inflated damages, failed to disclose a close personal relationship with the plaintiff, and refused timely inclusion of discovered documents in the trial bundle in breach of duties as an officer of the court; these failures caused wasted costs and justified dismissal of the plaintiff's claim and ordering the solicitor personally to pay the defendant's costs on an indemnity basis, summarily assessed at HK$800,000, and entry of judgment on the defendant's counterclaim.
13 Mar 2001

S Y ENGINEERING CO. LTD. v. THE HONG KONG HOUSING AUTHORITY

Citation

S Y ENGINEERING CO. LTD. v. THE HONG KONG HOUSING AUTHORITY
Court

Court of First Instance
Case number

HCMP2609/2000

The appeal is dismissed because the Taxing Master validly exercised powers under Order 62 Rule 17 to award immediate payment of the part of costs already taxed ($166,031); the existence of security for costs does not justify withholding payment of amounts already taxed; the Taxing Master was entitled to direct inspection and require further particulars to facilitate taxation and to expect solicitors to comply with Practice Directions; and an appeal against an order nisi made pending finalisation of taxation is premature and constitutes an abuse of process.
30 Jul 1999

QUE JOCELYN CO t/a SCENTED DELIGHTS v. BROADAIR EXPRESS LTD.

Citation

QUE JOCELYN CO t/a SCENTED DELIGHTS v. BROADAIR EXPRESS LTD.
Court

Court of First Instance
Case number

HCA3477/1996

Finley was in serious dereliction of duty: he failed to serve the Statement of Claim in time, did not properly inform or advise the client, and created a conflict of interest; accordingly the Master's order holding him personally liable under O.62 r.8(1) is affirmed but varied to require Finley to pay the quantified taxed costs and to repay fees to the Plaintiff; the bankruptcy petition is stayed conditionally on payment by the Plaintiff within 28 days.
8 Nov 1983

YUEN CHUK KWAN AND OTHERS v. WONG YI LIN

Citation

YUEN CHUK KWAN AND OTHERS v. WONG YI LIN
Court

Court of Appeal
Case number

CACV104/1983

Non-compliance with Rules of Court (O.59 r.9 and O.66) in timing, order, relevance or legibility of appeal bundles justifies refusal to proceed or adjournment and permits the court to order solicitors personally to pay costs thrown away; failing to comply attracts formal warning and potential sanctions.

Hong Kong Case Law

CHEUNG KA MAN v. WONG YU HUEN

S Y ENGINEERING CO. LTD. v. THE HONG KONG HOUSING AUTHORITY

QUE JOCELYN CO t/a SCENTED DELIGHTS v. BROADAIR EXPRESS LTD.

YUEN CHUK KWAN AND OTHERS v. WONG YI LIN