Hong Kong Case Law: Decisions & Judgments

Topic

Solicitors accounts rules

Legal area

Court

2 Feb 2010

SUN LEGEND INVESTMENTS LTD v. HO YUK WAH, DAVID AND OTHERS

Citation

SUN LEGEND INVESTMENTS LTD v. HO YUK WAH, DAVID AND OTHERS
Court

Court of First Instance
Case number

HCA1212/2002

Sun Legend, as assignee, could not be made liable on the Firm's counterclaim absent an equitable burden or an assignee's assumption of liability; substitution by procedure did not change substantive law; accordingly Sun Legend entitled to judgment on the counterclaim but costs are limited to pre-trial procedural steps, and NWD's costs on the counterclaims are limited to 20% to reflect its proportion of liability and trial time.
19 Jan 2006

RE SOLICITORS

Citation

RE SOLICITORS
Court

Court of Appeal
Case number

CACV172/2005

The Tribunal correctly found the appellants failed to verify and supervise withdrawals from client accounts in breach of professional rules (including Rule 7), the appellants' defences of client authorisation and deception by a clerk were unsupported, the failure to render bills was rightly found where access to files had been conceded, and the Court will not interfere with the Tribunal's penalty assessment which was adjusted for totality and proportionality; appeals are therefore dismissed.
17 Sept 2002

Re a Solicitor

Citation

Re a Solicitor
Court

Court of Appeal
Case number

CACV1218/2001

The Court held that the appellant's admissions were equivocal in light of mitigation and the Tribunal should have addressed that equivocality; accordingly the findings and orders based on those admissions could not stand and must be quashed and the complaints remitted for fresh determination by the Solicitors Disciplinary Tribunal.

Hong Kong Case Law

SUN LEGEND INVESTMENTS LTD v. HO YUK WAH, DAVID AND OTHERS

RE SOLICITORS

Re a Solicitor