31 Dec 2018
GAO HAIYAN AND ANOTHER v. C L CHOW & MACKSION CHAN (a firm)
- Citation
- [2018] HKCFI 2832
- Court
- Court of First Instance
- Case number
- HCMP1741/2017
The court held the Original Bill and the derived 1st and 2nd bills were interim bills, not interim final bills, because there was no contractual authority or natural break empowering the solicitor to issue final interim bills and the plaintiffs did not intend to accept them as final; consequently the time for taxation ran from the 3rd (final) bill in March/May 2017 and the plaintiffs are entitled to taxation under s67(2). The court imposed conditional terms of interim payment (70% to solicitor and 20% into court) on a nisi basis as a fair requirement before taxation proceeds.