Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fee offsetting arrangement
  • 27 Jul 2010

    SUN LEGEND INVESTMENTS LTD v. HO YUK WAH, DAVID AND OTHERS

    Citation
    SUN LEGEND INVESTMENTS LTD v. HO YUK WAH, DAVID AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV242/2009

    The Court of Appeal held that the trial judge misconstrued the decisive document (the 4 October 1991 letter); the letter unambiguously contemplated conveyancing scale fees charged to purchasers with any agreed division of those scale fees to be applied to non-conveyancing work, not a mechanism to permit solicitors to charge developers on a time-cost basis for conveyancing. Because the express terms barred recovery of time-based conveyancing charges from the developers, the trial judge was wrong to allow the solicitors' bills; implied-term and quantum meruit claims inconsistent with the expres…