13 Jul 2023
MICHAEL YAP AND ANOTHER v. LAI YIP DYEING FACTORY LTD AND OTHERS
- Citation
- [2023] HKCFI 1732
- Court
- Court of First Instance
- Case number
- HCA1084/2011
The application for a wasted costs inquiry was dismissed because the applicants misread Ma So So, the asserted prima facie case and inferences from late withdrawal or consolidation were unsupported by evidence, legal professional privilege prevents disclosure of critical advice so doubt must benefit the solicitors, the Court of Appeal had found a serious question to be tried in the derivative claim, and in all the circumstances it is not fair or justified to order an inquiry; exercise of discretion required refusal and costs awarded to the Losing Parties.