Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Undertaking to refund

Legal area

Court

9 Jun 2022

CHINACHEM CHARITABLE FOUNDATION LTD v. WILKINSON & GRIST (a firm)

Citation

[2022] HKCFI 1743
Court

Court of First Instance
Case number

HCMP879/2020

The court concluded the Foundation was the overall winner because 54 of 76 bills were ordered taxed and the outcome could not be reduced to a simple monetary percentage; allegations of misconduct and delay did not warrant varying the order nisi and WG had contributed to the position by failing to be clear in engagement letters and to advise properly; accordingly WG's summons to vary the costs order was dismissed and the original order nisi was retained.
9 Jun 2022

CHINACHEM CHARITABLE FOUNDATION LTD v. WILKINSON & GRIST (a firm)

Citation

[2022] HKCFI 1743
Court

Court of First Instance
Case number

HCMP880/2020

The summons to vary the costs order nisi is dismissed; the Foundation was the effective winner by obtaining taxation of 54 of 76 bills and was entitled to wait for final bills; WG's monetary argument based on aggregate fees not ordered for taxation does not make it the effective winner; WG's conduct complaints and delay do not justify varying the order nisi, and WG bore some responsibility due to unclear engagement letters and its fiduciary obligations.