Hong Kong Case Law: Decisions & Judgments

Topic

Discretion of taxing master

Legal area

Court

12 Mar 2003

RE KANSA GENERAL INTERNATIONAL INSURANCE CO LTD

Citation

RE KANSA GENERAL INTERNATIONAL INSURANCE CO LTD
Court

Court of First Instance
Case number

HCCW308/1995

The judge refused the review and upheld the taxing master's allowance of HK$3.00 per photocopy because the liquidators failed to demonstrate that HK$3.70 was a reasonable rate; the agreement with the Official Receiver and the Official Receiver's internal rate were not binding, and in the absence of better evidence the master did not err in exercising his discretion to fix HK$3.00.
12 Mar 2003

RE WERNER CLADDING SYSTEMS (ASIA) LTD

Citation

RE WERNER CLADDING SYSTEMS (ASIA) LTD
Court

Court of First Instance
Case number

HCCW567/2000

The master did not err in law or exercise of discretion in allowing HK$3.00 per copy; the industry agreement and the Official Receiver's internal rate are not binding on the taxing master or court; in absence of better evidence the master's comparison to the solicitors' prescribed rate was reasonable; review is refused and HK$3.00 per copy is upheld. Additionally, Mr Kennedy had no right to represent other liquidators before the master and those matters were irregular and adjourned sine die.
9 Dec 1999

YEUNG SHU AND ANOTHER v. MESSRS ALFRED LAU & CO. (a firm)

Citation

YEUNG SHU AND ANOTHER v. MESSRS ALFRED LAU & CO. (a firm)
Court

Court of Appeal
Case number

CACV253/1999

The Court of Appeal upheld the taxing master's allowances: subpoena costs for the plaintiffs' expert were properly taxable as they serve to secure attendance and prevent adjournment, and the challenged counsel fees (Items 16–19) were separate and discrete work done before trial and therefore not subsumed by the later brief fee; the taxing master and judge did not err in exercise of their discretion and the appeal was dismissed.
28 Oct 1999

WONG POON CHAN LAW & CO. (a firm) v. THE INCORPORATED OWNERS OF CHERRY MANSION AND ANOTHER

Citation

WONG POON CHAN LAW & CO. (a firm) v. THE INCORPORATED OWNERS OF CHERRY MANSION AND ANOTHER
Court

Court of First Instance
Case number

HCMP6395/1998

The Court held that the Master's decision to adjourn the taxation sine die pending resolution of the related High Court Action was a valid exercise of discretion because the outcome of the negligence claim could materially affect whether the costs were properly incurred and thus the taxation; accordingly the appellate court would not interfere and the appeal must be dismissed.
19 Apr 1980

KAW TSOI v. LO TO

Citation

KAW TSOI v. LO TO
Court

Court of First Instance
Case number

HCA1295/1975

The Court affirmed the Registrar's taxation decisions in respect of hourly rates, allowed hours, disallowance of a third counsel and allowance of certain brief fees, finding no misdirection or improper exercise of discretion, but remitted the specific item relating to Mr. Mills‑Owens' refreshers (Item 1680(a)) to the Registrar for reconsideration under the correct principles governing refreshers and interviews with the judge.

Hong Kong Case Law

RE KANSA GENERAL INTERNATIONAL INSURANCE CO LTD

RE WERNER CLADDING SYSTEMS (ASIA) LTD

YEUNG SHU AND ANOTHER v. MESSRS ALFRED LAU & CO. (a firm)

WONG POON CHAN LAW & CO. (a firm) v. THE INCORPORATED OWNERS OF CHERRY MANSION AND ANOTHER

KAW TSOI v. LO TO