Hong Kong Case Law: Decisions & Judgments

Topic

Validity of retainer

Legal area

Court

10 Feb 2025

竹林明堂有限公司對陳祺豐

Citation

[2025] HKCFI 614
Court

Court of First Instance
Case number

HCA142/2016

The defendant failed to demonstrate a reasonable prospect of success on any of the 17 grounds; the judge properly reviewed recordings and prior reasons, the contested retainer issue does not prevent liability for assessed solicitor's costs and is now academic given the completion of the costs assessment, and costs protection is inappropriate in these private proceedings; therefore leave to appeal is refused and the summons applications are dismissed, with an interim costs order that the defendant pay the costs of the summons to be assessed if not agreed.
14 Jul 2017

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Citation

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Court

Court of First Instance
Case number

HCA1564/2015

The strike-out summons raises a discrete question about the validity of Stephenson Harwood's retainer in light of prior written instructions to K&L Gates and authorisations to a third party; it did not justify a sprawling multi-day trial with widescale cross-examination. The court exercised case management by limiting further evidence without leave, ordering a half-day argument hearing to determine the strike-out issue, and staying the claims of the 1,072 plaintiffs pending the outcome of that summons.
14 Jul 2017

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Citation

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Court

Court of First Instance
Case number

HCA2191/2014

A strike-out summons is not the appropriate vehicle for a broad inquiry into solicitors' conduct or contested allegations of coercion absent clear particulars; the proper course was to determine the validity of the retainer by limited interlocutory process, list the strike-out summons for argument, restrict further evidence without leave, and stay the affected plaintiffs' claims pending that determination.
14 Jul 2017

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Citation

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Court

Court of First Instance
Case number

HCA1661/2014

The court directed that the strike-out summons be set down for argument (estimated half day) and that the validity of SH's retainer, and K&L Gates' standing to challenge it, be decided at that interlocutory hearing rather than by an extensive multi-day trial; accordingly the claims of the 1,072 plaintiffs represented by SH were stayed pending the outcome, no further evidence may be filed without leave, and costs of the June 30 hearing were ordered in the cause.
14 Jul 2017

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Citation

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Court

Court of First Instance
Case number

HCA1766/2014

The court held that because K&L Gates had not established standing to act for all plaintiffs and the allegations of coercion and conflict lacked particulars, the matter should not proceed as a broad multi-day evidentiary trial; instead the strike-out summons is to be listed for half-day argument, no further evidence without leave, the claims of the 1,072 plaintiffs are stayed pending the outcome, and costs of the hearing were reserved in the cause.
14 Jul 2017

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Citation

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Court

Court of First Instance
Case number

HCA939/2015

The strike-out summons did not justify a multi-day trial with widespread cross-examination; the proper course was to determine the validity of Stephenson Harwood's retainer on a focused hearing. The court directed a half-day argument date, stayed the claims of the 1,072 plaintiffs pending the outcome of the strike-out summons, prohibited further evidence without leave, and ordered costs of the 30 June 2017 hearing in the cause.
14 Jul 2017

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER

Citation

Relevant employees whose shares in China Shanshui Investment Company Limited held by ZHANG CAIKUI on trust (Please refer to Schedule 1 attached to the Writ of Summons for names of the relevant employees) AND ANOTHER v. ZHANG CAIKUI AND ANOTHER
Court

Court of First Instance
Case number

HCA623/2015

The court limited the ambit of the strike-out process: it refused to allow a broad multi-day trial or unfettered filing of further evidence, ordered the strike-out summons be set down for argument on a fixed date (estimated half a day), stayed the claims of the 1,072 plaintiffs pending the outcome of the strike-out summons, and directed that no further evidence be filed without leave; these measures reflect that validity of SH's retainer must be determined by focused interlocutory process rather than a wide-ranging inquiry.
27 Jun 2016

DEXTER LAM & CO (A FIRM) v. DING YU AND ANOTHER

Citation

DEXTER LAM & CO (A FIRM) v. DING YU AND ANOTHER
Court

Court of First Instance
Case number

HCMP1480/2015

Joinder of HKF was unreasonable because the retainer was not signed on behalf of HKF, there was no prima facie case against HKF and no company authorization; accordingly the court declined to make a Sanderson or Bullock order against DY and ordered Dexter Lam & Co to bear HKF's costs on an indemnity basis, with specific assessed sums.